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2011 (2) TMI 1057 - CESTAT, MUMBAICaptive consumption of yarn to manufacture grey fabrics - SCN alleging suppression of facts while showing the costing of captively consumed yarn - Held that:- Show-cause notice dated 21.5.2002 was issued to the assessee for demanding differential duty for the period from April 98 to April 99 for having not included the elements of interest, profit margin and selling and distribution charges in the value of yarn. It is undisputed that during the relevant period, the respondent had filed price declarations in terms of Rule 173C of erstwhile Central Excise Rules, 1944. The receipts of the declarations have been acknowledged by the jurisdictional authorities on the respective column.The price declarations included the details of the cost of the product alongwith a certificate given by a Cost Accountant. Thus Commissioner (Appeals) was correct in coming to the conclusion that the entire demand is hit by limitation. It was for the revenue to raise queries if the said declaration was erroneous, nothing stopped them from seeking further clarification from the assessee.
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