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TMI Blog2011 (2) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... r hearing both the sides duly represented by Shri V.K. Jain, learned advocate appearing for the appellants and Shri J.S. Negi, learned SDR for the Revenue, we find that the appellant is engaged in the manufacture of hot rolled coils, cold rolled coils and various down stream products such as sheets, plates, galvanized coils etc. falling under Chapter heading 72 of Central Excise Tariff Act, 1985. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty was discharged at the time of stock transfer from Surat their factory. As such, the appellants entertained a view that, in terms of the Rule 7 of the Central Excise (Valuation) Rules, 2002, the appellants were required to pay duty at the time of clearances of the coils from the factory at the price which were prevailing at the depot for the similar goods, taking into account the price of great ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affected from the factory as also from the depot and, the provisions of Rule 7 are not invokable against them. They also contested the demand on limitation. However, the Commissioner vide impugned order has confirmed the demand of duty of Rs. 1,61,47,393/- under Section 11A (2) of the Central Excise Act, 1944 and imposed penalty of identical amount under Section 11AC of the Act. In addition, inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e calculating duty difference, has not taken into account such clearances. He submits that if the entire clearances are taken into account, the same would show that they have in fact paid extra duty to the department. In support of his submission that such excess payment and short payment have to be neutralised, the learned advocate relied upon the Tribunal decisions in the case of M/s. Vinir Engi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken into account and the assessee s liability has to be arrived at accordingly. The Revenue cannot pick only those matters where the goods were sold at higher rates from the depot and ignore the clearances which were ultimately sold at a lower value, though the duty was paid at the higher assessable value. As such, by following the ratio of the above decisions, we set-aside the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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