TMI Blog2014 (4) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... rice of Excisable Goods) Rules, 2000, which provided for adoption of assessable value as 110% of the cost of production or manufacture of such goods - Held that:- admittedly goods were being cleared by the respondents on payment of duty and it is not a case of clandestine removal. The only objection of the Revenue was that the assessable value was adopted on the lower side inasmuch as the same sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na Wadhwa and Shri Sahab Singh, JJ. Shri M.S. Negi, DR, for the Appellant. None, for the Respondent. ORDER On matter being called, nobody appeared for the respondents. Accordingly, we have heard learned DR and have gone through the impugned order. 2. A very short issue is involved in the present appeal. The respondent was engaged in the manufacture of iron and steel products which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sited the differential duty of Rs. 21,27,139/- along with Education Cess and Higher Education Cess and interest. Such payment were made vide PLA entry dated 4-11-2009 and on various subsequent dates. 4. In view of the above background, show cause notice was issued on 28-10-2010 proposing appropriation of total duty deposit by the appellant as also for imposition of penalty. The said show cause n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was being made on the lesser assessable value with a mala fide intent and as such, there was suppression on the part of the assessee. The differential duty was deposited only after intervention of Revenue. 8. We find admittedly goods were being cleared by the respondents on payment of duty and it is not a case of clandestine removal. The only objection of the Revenue was that the assessable val ..... X X X X Extracts X X X X X X X X Extracts X X X X
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