MEGHALAYA CAST AND ALLOYS PVT. LTD. Vs. CENTRAL GOODS AND SERVICE TAX AND CENTRAL EXCISE

JUDGEMENT

(1.) The appeal arises out of an order of November 9, 2021 passed by the Customs, Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench, Kolkata in a matter on rebound.

(2.) The order-in-original dated February 28, 2014 passed by the Commissioner of Central Excise and Service Tax, Shillong was assailed before the Tribunal and it culminated in an order of March 22, 2018. Paragraph 4 of the relevant order of the Tribunal dealt with the present appellant's objection to the additional duty imposed. The Tribunal perceived that the valuation of the goods sold to a related party or a sister concern should have been computed on cost of production basis which was not undertaken by the appellant herein. The Tribunal was of the view that the appellant's computation of its tax liability did not conform to the Central Excise Valuation Rules, 2000.

(3.) However, notwithstanding the Tribunal upholding the Commissioner's order to the effect that the goods had not been appropriately valued in the transaction with the related party, the Tribunal waived the penalty imposed by the Commissioner without assigning any or appropriate reasons therefor.