2026-VIL-718-CESTAT-CHE-CE
  1. Home
  2. 2026-VIL-718-CESTAT-CHE-CE

CENTRAL EXCISE CESTAT Cases

Central Excise - Determination of assessable value of excisable goods for captive consumption based on cost of production - The assessee, a manufacturer of automotive batteries, had stock-transferred lead oxide to its other unit for captive consumption - Revenue alleged that the assessee had wilfully suppressed the cost of production and adopted its own costing method instead of the mandated CAS-4 method, thereby short-paying the duty. The assessee contended that the cost certificates provided were for the relevant period and not based on previous periods, and that the cost of lead, being the major raw material, was determined based on the moving average price of the leading domestic producer – HELD – It is the case of the Revenue is that the Appellant did follow the costing method in terms of CAS-4; the Cost Statement prepared by the Appellant was not in conformity with the general principles of costing in CAS-4 and that the cost certificates furnished by the Appellant relate to the past periods and hence, same are not reliable. Whereas it is the case of the appellant that all the CAS-4 certificates were furnished for the relevant period as certified by Cost Accountant and that none of the CAS-4 certificates stated that the same were prepared based on the costing of any previous period/s - In the backdrop of the above arguments, the matter is remitted back to the Adjudicating Authority to verify the CAS-4 certificates submitted by the assessee and determine the assessable value accordingly. If the Cost Statements relate to the period in question, then perhaps the assertion of the appellant may have to be accepted. The demand could only be for the normal period and not the extended period, as there was no evidence of wilful suppression of facts – The Appeal stands disposed of
Download File
show more Judgements  

Quick Search

/

Advance Search

GST Resources

/

Gst Rate Finder

Weekly Summary

VIL Video

GSTAT Appeal filed wrongly...
By CA Vivek Jalan

Create Account

Security-Code
New Code?

Log In

New User ? Forgot Password ?

Forgot Password

Security-Code
New Code?
Please Note: This facility is only for Subscribing Members.

Email this page

Security-Code
New Code?

Feedback this page

Schedule a Demo

Schedule a demo to know the features and advantages of VILGST portal. Get to know the tips to find the desired results in faster way.

Security-Code
New Code?

Caselaw Request Form (CRF)

Didn’t find what you are searching for? No worries, please give us the following details and VIL will email you the desired Caselaws at the earliest:

Security-Code
New Code?