2017 (2) TMI 1313

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....y Hasija, Supdt. (AR), for the Respondent. ORDER [Order per : C.J. Mathew, Member (T)]. - Dispute before us is the demand of Rs. 6,27,468/- under Section 11A of Central Excise Act, 1944, appropriate interest under Section 11AA of Central Excise Act, 1944 and penalty of Rs. 1,00,000/- under Rule 173Q of Central Excise Rules, 1944 upheld against the appellant, M/s. Exide Industries Ltd., by the Co....

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....sts prescribed in Rule 173C of Central Excise Rules, 1944 by computing cost of recoverable lead content padded with a notional profit of 10% as the clearance value. The show cause notice computed the differential duty by adding 112.4% of the raw material cost as overheads to arrive at the assessable value. 4. Relying upon second proviso to Rule 49(1) of Central Excise Rules, 1944, appellant ....

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....ence and, though assessed to duty at the time of clearance, are, nevertheless, liable to duty upon coming into existence. The decision in re Usha Prestressed & Alllied Industries pertained to goods that were, under contract with customers, subject to a destructive test as a pre-requisite for procurement. There is nothing on record before us to support the contention that the test to which batterie....