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FCA, AICWA, ACS, DISA(ICAI), Adv. Dip. in Mgt. Acctg. (CIMA- London)
52 Weston Street 5th Floor
KOLKATA – 700 012
PHONE: 22259194 (O), 98300 61359 (M)
e-mail: vshraff@hotmail.com
Sir,
1) For that the order Learned Assistant Commissioner of Central Excise, Howrah
given in the finding for dismissing the submissions made at the time of
2) For that the learned Assistant Commissioner of Central Excise, Howrah West ,
Division - I has failed to appreciate the fact that Rs. 3,01,075/- received
towards charges for cylinder making and developing from Hindustan Lever
Limited are in the nature of liquidated damages and not towards any supplies
made to HLL. The fact of the case is that HLL had initially proposed to place
an order for supply of goods for which the said cylinder was required. For
ultimately decided not to place any order for the said goods and consequently,
contract were compensated to them. The aforesaid factual position was clearly
evident from the Debit Note itself. We submit that by no stretch of imagination
cylinders was our purchase price paid to the supplier of the cylinders. This
was an outgoing from our pocket. On the other hand, the Debit Notes were
raised on our buyers for canceling the order due to which the cylinders
remained un-utilised.
3) For that since the aforesaid realization of expenses were not in relation to any
4) For that the learned Assistant Commissioner of Central Excise, Howrah West ,
Division - I has failed to consider the following judgments in favour of the
applellant:-
(a) The Supreme Court Bench dismissed the Civil Appeal filed by
Collector of Central Excise, Kanpur against the CEGAT Order reported
in 1991 (54) E.L.T. 333 (Tribunal) (Spring Fresh Drinks v.
Collector);
(b) Commissioner Of C. Ex., Jamshedpur Versus Bhagwati Oxygen Ltd. -
2000 (117) E.L.T. 647 (Tribunal);
(c) Faridkod Cooperative Sugar Mills Ltd. Vs. Commissioner Of Central
Excise - 2004 (171) E.L.T. 174 (Tri. - Del.);
(d) Inox Air Products Ltd. Vs. Commissioner Of Central Excise - 2001
(134) E.L.T. 224 (Tri. – Mumbai);
(e) Collr. Of C. Ex., Bombay Versus Ram Decorative & Industries Limited
- 2000 (124) E.L.T. 659 (Tribunal).
Thanking you,
Yours faithfully,
(Authorised representative)