2010 (1) TMI 1034

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..... . Finolex Industries Ltd. are engaged in the manufacturing of different types of PVC resins. After investigation by the officers, it was found that the assessee was filling excess quantity in the bags and the quantity varied from 0.06% to 0.39%. On the basis of internal records maintained by the company, a show-cause notice was issued requiring the respondents to show cause as to why they should n .....

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..... case of Reckitt Coleman India Ltd. (supra). It is his submission that in the case of Carborundum Universal Ltd. v. Union of India reported in 1992 (58) E.L.T. 403 (Mad.), Hon ble High Court of Madras had held that when the demand is raised as a result of stock taking under Rule 223A, the limitation under Section 11A is not applicable. Further, he also relies upon the Circular No. 876/14/2008-CS .....

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..... d and records of the assessee had to be verified for the purpose of working out the differential duty, which would not be the case in respect of a case arising as a result of stock taking. 6. In view of the above discussion, we find no merits in the appeal filed by the Revenue. Accordingly, we reject the same with corresponding benefit to the respondents. (Dictated and pronounced in Court) - .....

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