TMI Blog2013 (11) TMI 1613X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. ORDER [Order per : Archana Wadhwa, Member (J)]. - After hearing both the sides we find that the appellant is engaged in the manufacture of Shoddy woollen yarn and synthetic shoddy yarn of Chapter sub-heading 5106.11 and 5509.90 of the Schedule to Central Excise Tariff Act, 1985. 2. The proceedings were initiated against the appellant for under valuation of the said yarn whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng assessable value as 115% cost of the goods confirmed the duty of ₹ 5,04,359/- and also imposed penalty of identical amount. 3. On appeal against the above order, Commissioner (Appeals), called for a verification report from the Superintendent and observed that if the invoice value in different varieties of the yarn is taken into consideration, the same would be 115% of the cost in most ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter we note that the yarn being cleared by the appellant was further being used captively by the buyers units, after availing the Cenvat credit whatever duty was payable by the appellant, the same was availed as credit by the buyer units, thus leading to Revenue neutral situation. As such, on this ground also we feel that the appellant are entitled to relief. 6. In view of the above, we se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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