2018 (7) TMI 1210

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....rer supplies moulds and dies to the respondent free of cost and the respondent after manufacturing the goods, paid the duty on the said goods after adding 10% on the basis of the cost + amortized cost of moulds and dies. The respondent is not charging amortized cost from their principal manufacturer, therefore the same is deducted from the amount payable by the principal manufacturer. The case of the Revenue is that as the respondent, after including the amortized cost in the assessable value, has reduced simultaneously the same from the payment received from the buyer, in these circumstances, amortization cost has not been included in the assessable value. Therefore, the respondent is liable to pay the duty on amortized cost of moulds and ....

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....voice, we find that the respondent has paid the duty on the assessable value i.e. Rs. 39168/- (cost) + Rs. 3917/- (10% of cost) + Rs. 2550/- (amortized cost). The duty on these amounts works out to Rs. 7302/-. Thereafter, the respondent has deducted the amortization charges not to be recovered from the buyer. From the invoice, it is clear that on the amortized cost, the respondent has already paid the duty; therefore, they complied with the conditions to the Board Circular No. 170/4/96-CX dt. 23.01.1996. The Revenue has misunderstood the issue by holding that as amortization cost has not been recovered from the buyer, therefore the respondent is liable to pay the duty. Admittedly, as per the invoice extracted herein above, the respondent ha....

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.... ESKO DIE CASTING PVT. LTD. Plot No. 30, Sector-4, Faridabad-121006 Phone: 4060395 | TIN : 06821215302 Sales Tax No.: FBE/HGST/CST/1215302 Dt. 07/03/2002 INVOICE Rule 11 of CE Rule No. 2 (2002) Range: XX, Division: IV C.G.O. Complex NH-4, Faridabad-121001 Commissionerate: Delhi-IV R.CJECCIPLA NO.: AAACE7249QXM004 Not. No.: By which any Concessional rate in Duty: W 01040 Invoice No.: W Pre Authenticated ESKO DIE CASTING PVT. Director/Auth. Signatory NIL Date -23/10/07 Date: Del 570 ESKO DIE CASTING PVT.LTD. UNIT-3) PLOT NO 37 SECTOR 27A 100 Order No.: MACE7249Q ECC No.: S.T. No.: Amend. No.: Payment Terms: days C.S.T. No. DESCRIPTION ....