2016 (8) TMI 1107

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....oval. In addition interest stands confirmed along with imposition of penalty of identical amount on M/s Vishavakarma Hydraulic Works. Further penalty of Rs. 25 lakhs stands imposed on Sh. Kewal Krishan Ajilnal, Prop. of M/s Vishavakarma Hydraulic Works. 2.  Ld. Advocate Sh. R. K. Philips appearing for the appellant is not disputing the confirmation of demand of duty of Rs. 68,14,631/- alongwith interest or imposition of penalty on M/s Vishavakarma Hydraulic Works. However, it is his contention that the said duty demand requires re quantification, by treating the entire consideration as cum-duty price. Further, penalty of Rs. 25 lakhs imposed on the Prop. in terms of Rule 26 of the Central Excise Rules, 2002 is being challenged on th....

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....sion Co. Pvt. Ltd. vs. CCE, Delhi-IV - 2008 (228) ELT 226 (Tri. Del.) has applied the said principle even in case of clandestine manufacture and removal. To the similar effect is the decision of the Tribunal in the case of Anmol Biscuits (P) Ltd. vs. CCE, Kolkata-IV- 2003 (159) ELT 592 (Tri. Kolkata). 5. As against the above Id. DR for the Revenue has drawn our attention to another decision of the Hon'ble Supreme Court in the case of Amrit Agro Industries Ltd. vs. CCE - 2007 (210) ELT 183 (SC). However, we find that in the said decision, in para 12 of their judgment, it stands recorded that the department itself accepted that the normal price includes the duty element and as such the entire consideration has to be considered as inclu....

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....hi v. Maruti Udyog Ltd. reported in 2002 (141) E.L.T. 3. In the said judgment, it has been held that the sale price realised by the assessee is the entire price inclusive of excise duty, when the assessee has by necessary implication, taken on the liability to pay all taxes on the goods sold and has not sought to realise any some in addition to the price obtained by it from the buyer. In the said case, it has been held that when the assessee has charged cum-duty price, then in arriving at the assessable value of the goods, the element of duty payable has to be excluded. To this extent, there is no difficulty. However, in the present case, the Department contends that there is no question of implication when throughout the relevant years the....