2002 (1) TMI 641

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..... [Order per : Jyoti Balasundaram, Member (J)]. -  The above application for modification of the Order No. C-I/3363-67/WZB/2001, dated 29-10-2001, by which M/s. Ashima Denims was directed to deposit a sum of Rs. 50 lakhs out of the total duty demand of Rs. 1.27 crores and penalty of equal amount within two months, has been filed for the following reasons. (i)      Tha .....

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..... bunal has upheld the Commissioner's order directing assessment of goods based on price of comparable goods after making necessary adjustment as contemplated under Rule 6(b)(i) of the Valuation Rules and rejected the department's contention that variation in material characteristics is ground to resort to assessment based on cost of production. 2. It is the further submission of the applicant .....

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..... he guise of a modification application and this is not permissible in law. 4. We have carefully considered the rival submissions and we see prima facie substance in the contention that duty is to be levied only on the dyeing component (which has been done in the case of other units carrying on similar activities). We also see force in the submission regarding adoption of Rule 6(b)(i) of the .....

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