2019 (1) TMI 661

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....i Anil Choudhary, AC (AR) for Respondent ORDER Per: Dr. D.M. Misra None present for the appellant despite notice. Heard the learned AR for the Revenue. 2. This is an appeal filed against Order-in-Appeal No. YDB/203/RGD/2010 dated 20.04.2010 passed by the Commissioner of Central Excise (Appeals), Mumbai-II. 3. Briefly stated the facts of the case are that the appellants are manufactu....

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.....2006 with interest and penalty. On adjudication, the demand was confirmed with interest and penalty. Aggrieved by the said order, they filed an appeal before the learned Commissioner (Appeals), who in turn, rejected their appeal. Hence, the present appeal. 4. Learned AR for the Revenue submits that the issue of 'addition of surrendered value of the advance license to the assessable value of ma....

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.... the Advance Intermediate Licences. Thus, without the Advance Licences of M/s. Visakhapatnam Steel Plant, being made available to the Respondents, the prices would have been as were quoted earlier. It is only because of the Advance Licences being surrendered by M/s. Visakhapatnam Steel Plant and in lieu thereof Advance Intermediate Licences being made available to the Respondents that the Responde....

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....available to Respondents. The Export and Import Policy had nothing to do with the arrangement/contract under which the Licences flowed from the buyer to the seller. At the costs of repetition it must be mentioned that had the Respondents had Advance Intermediate Licence on their own i.e. without M/s. Visakhapatnam Steel Plant having to surrender its Licences for the purposes of the contract, then ....