2018 (8) TMI 949

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....omas, Advocate For the Appellant Mrs. Kavitha Podwal, AR For the Respondent ORDER Per : P. Anjani Kumar This is a Revenue Appeal. 2. M/s. BPCL (earlier M/s. Kochi Refineries Ltd.), the Respondents, have cleared 2304.41 MT of Poly Isobutane (PIB) to BPCL Wadi, BPCL Thondiarpet etc., who are related persons as defined under Section 4(3)(b)(i) and (iv) of the Central Excise Act, 1944. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....692/08/2003-CX dated 13-2-2003; the CAS-4 for the assessment period of 2007-08 would be available only by 30.09.2007 and they would be discharging the differential duty liability only after ascertaining the same. 2.1 The show-cause notice was confirmed by Commissioner vide Order-in-Original No.07/2008 dated 29.9.2008 for an amount of Rs. 38,65,470/- accepting the CAS-4 Certificate for the year....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... per unit has no relevance. (iii) Similar to what is stated at (ii) above, the opening and closing stock of finished goods (Sl. No. 18 & 19 of the CAS-4) shall be adjusted against the cost of production for the goods produced (Sl. No. 17 of the CAS-4) and the cost of production for goods dispatched shall be calculated (Sl. No. 20 of the CAS-4). Here also, cost per unit against Sl. No. 18 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ll). 5. Heard both sides and perused the records. We find that the Committee of Chief Commissioners have raised a few questions on the CAS-4 certificate submitted by respondents. We find that as submitted by the counsel for respondents, the Certificate itself was not questioned with supporting evidence; Revenue did not initiate any action independently to ascertain by another Cost Accountant wh....