2008 (7) TMI 834

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..... Respondent. [Order]. - This appeal and stay application have been filed against the order-in-appeal No. KKS/206/DAMAN/2008 dt. 29-4-2008 upholding the demand for differential duty on the Sulphuric Acid cleared by the appellants to another unit belonging to them. For the purpose of value, they have followed Rule 8 of Valuation Rules and during the audit of the unit, it was found that the duty p .....

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..... by September and at the time of visit of CERA, they had seen the cost audit reports prepared by the Company, but not yet finalized in consultation with Cost Auditor and on the basis of the reports finalized by the Company the demand has been raised. In the normal course, they would have paid the differential duty after finalization of the cost audit report by the Cost Auditor. Therefore, he conten .....

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..... he present period also the cost audit report had not yet been finalized and therefore the same practice of paying differential duty after finalization of cost audit report would have been followed, I feel that imposition of penalty is not justified. Accordingly, the penalty imposed on the appellants is set aside. The interest liability will be discharged after the appellant receive the intimation .....

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