2013 (11) TMI 1563

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.... for the Appellant. Shri A.K. Biswas, Supdt. (AR), for the Respondent. ORDER This is an application seeking waiver of duty of Rs. 29,60,111/- and penalty of Rs. 5,000/- imposed under Rule 27 of the Central Excise Rules, 2002. 2. At the outset. ld. Advocate appearing for the Applicant has submitted that the Applicant is engaged in the manufacture of lubricating oils of different gr....

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....n the cost of production applicable to the relevant periods. The ld. Advocate submitted that they have resorted to taking the cost of production for the previous quarters, as it is not possible to ascertain the actual cost of production for a particular quarter prevailing in that quarter only. It is stated that the Department in the show cause notice only selected certain grades where the actual c....

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....ld by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of goods are not related and the price is the sole consideration for the sale, be the transaction value." It is thus evident from the above that the value is to be determined with reference to the value prevailing for delivery at the time of place of removal. In any other case, the value be determined....

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...., 2002, where the assessee is unable to determine the value of excisable goods, they may request the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excises, as the case may be, not writing/giving reasons for payment of duty on provisional basis. However, in this case, the assessee has not done so, in spite of their inability to determine the correct value....