2018 (4) TMI 474

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.... Shri N.N. Prabhudesai, Supdt. (AR) for Respondent Per: Archana Wadhwa Both the appeals are being disposed of by a common order as they arise out of the same impugned order passed by the authority below. 2. After hearing both sides duly represented by Shri S. Naryanan, Advocate for the appellant and Shri N.N. Prabhudesai, learned Supdt. (AR) for the Revenue, we note that the appellant, ....

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....st by the assessee as also by the Revenue. The Commissioner (Appeals) rejected the assessee's appeal and allowed the Revenue's appeal by imposing penalty equivalent to the duty amount. Hence, the present two appeals. 3. Learned Advocate appearing for the appellant has fairly agreed that the issue of addition of amortization cost of tools and dies in the assessable value of the final products....

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....quired to be paid by them. In support, he relies upon the Chartered Engineer's certificate showing that the tools and dies in question were used by them for the period subsequent to deposit made by them as also beyond the period of notice having been issued. 3.1 As regards penalty, learned Advocate submits that there is finding by the original adjudicating authority to the effect that inasmuch ....

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....adjudicating authority at the time of adjudication, in the light of the law, which was prevalent during the relevant period. However, subsequently the legal position was changed by the higher appellate forum and it was held that the payment of duty before the show-cause notice by itself would not lead to non-imposition of penalty. 4. After carefully considering the submissions made by both side....