2007 (1) TMI 342

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..... air, Member (T)]. - None has appeared for the appellant. Accordingly, we are disposing of the appeal after hearing the learned DR and perusing the record. 2. Duty demand of about Rs. 70,000/- has arisen on account of a finding that the appellant had under valued "Oily Tape Waste" which was used for captive consumption. The appellant had valued the goods @ Rs. 4/- per kg. while the revenue .....

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..... 4. We find merit in the appellant's contention. Record makes it clear that the waste generated was of different grades and fetched different prices. Therefore, inferior variety could not be valued at the price applicable to superior variety. The issue remains settled between the parties by the aforesaid earlier order of the Asstt. Commissioner. 5. In the result, the appeal is allowed af .....

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