Amortized
cost of modifying dies & tools supplied free by customer includible in
assessable value of manufactured motor vehicle parts; Noting that assessee
discharged service tax on modification charges collected from customer, CESTAT
observes that modification cost is nothing but an addition to the value of
overall dies & tools used in manufacture; Referring to Rule 6 of Central
Excise Valuation Rules, CESTAT remarks that it doesn’t make any difference
whether assessee carried out any modification to dies, moulds & tools
supplied free of cost by customer; Upholds invocation of extended period of
limitation on ground of suppression of facts, noting that assessee had never
disclosed collection of charges either through any communication / in monthly
returns; Rejects assessee’s plea of revenue neutrality, thereby disallowing
CENVAT credit to customer and also imposes penalty u/s 11AC : Mumbai CESTAT
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