2017 (5) TMI 866

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....Hasija, Supdt. (AR) for Respondent ORDER Per Raju The appellant, M/s Sudarshan Chemical Industries Ltd. were clearing excisable goods to their other units at Roha and Mahad on stock transfer basis. A demand show-cause notice was issued to the appellant on the ground that they had incorrectly determined the assessable value in terms of Section 4(1)(b) of the Central Excise Act, 1944 read w....

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....t has not questioned this methodology at any point of time. In fact, even today they have been adopting the same method. The department also has been accepting this same procedure. The dispute has arisen only because of the department's proposal to demand interest and also to impose penalty under Section 11AC. The department in the same Show Cause Notice has also proposed confirmation and adju....

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....enalty by observing as follows: - "I now come to the question of penalty under Section 11 AC imposed by the adjudicating authority. The adjudicating authority has come to the conclusion that there was no true and complete disclosure by the appellant of all the relevant facts. Only when investigation was undertaken by the department the appellant revealed the correct picture regarding the ....

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....learing the goods by adopting the certain method of valuation on the basis of available data at the material time. Thereafter on basis of the cost audit at the end of the order, they have discharged the duty liability along with interest thereon. Ideally, they should have opted for provisional assessment, however, they have instead valued on ad-hoc by paying maximum of duty on estimated value and ....