2018 (9) TMI 1059 – CESTAT CHENNAI – TMI – Valuation – inclusion of Bonus gained for performance in assessable value – Held that:- The bonus/penalty is a post-sale payment and therefore not includible in the assessable value – appeal allowed – decided in favor of appellant. – E/394 to 397/2012 – Final Order Nos. 42038-42041/2018 – Dated:- 18-7-2018 – Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Ms. S. Gayatri, Advocate for the Appellant Shri A. Cletus, Addl. Commissioner (AR) for the Respondent ORDER Per Bench Brief facts are that the appellants are engaged in the manufacture of refractory bricks. They raised bonus claim against the buyers to whom the refractory bricks were supplied and which
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ts. The department was of the view that these bonus payments received by the appellant has to be included in the assessable value. Four show cause notices were issued raising the above allegations for the periods as mentioned below. The original authority confirmed the demand, interest and imposed equal penalty. In appeal, the Commissioner (Appeals) upheld the demand and interest but set aside the penalty imposed under Rule 25 of Central Excise Rules. Hence these appeals. 2. On behalf of the appellant, learned counsel Ms. S.Gayatri explained the details of the adjudication order, period involved and the amount as given in the Table below:- Order-in-Original Period Total No. 10/2005 dated 26.12.2005 March 2004 to Jan. 2005 42,96,023/- No. 12
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