2024 (2) TMI 726

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....ufacturer of toughened glass, laminated glass, insulated glass etc. classifiable under various tariff items of Chapter 70 of the first schedule of Central Excise Tariff Act, 1985. During the course of the audit for the period from December 2006 to January 2008, it was observed that the Appellant has disclosed 'Other Income' of Rs.5,82,065/- on account of insurance charges recovered in excess from the customers but has not deposited duty on the same. On the basis of the aforesaid audit objection, a letter dated 06.11.2008 was issued directing the Appellant to deposit the excise duty/service tax on the sale under 'Business Auxiliary Service' along with interest. By letter dated 01.12.2008 the Appellant replied that the excess amount cannot be....

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....the Order-In-Original. Being aggrieved, the assessee-appellant is in appeal before the Tribunal. 3. The learned Advocate appearing on behalf of the Appellant submits that the learned Commissioner (Appeals) erred in law in holding that the excess amount recovered by the Appellant forms part of the assessable value. He vehemently argued that there is no allegation in the SCN or finding in the Order-In-Original that manufactured goods were not cleared at factory gate or that the Appellant and buyers are related persons or that price is not that sole consideration for sale. On the contrary, he submits that that goods were sold at factory gate, Appellant and buyers are not related persons and price charged is the sole consideration of sale, whi....