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M/s Aarti Industries Ltd Versus Commissioner of Central Excise, Customs (Adjudication) -VAPI

2016 (4) TMI 725 - CESTAT AHMEDABAD

Applicability - extended period of limitation - goods cleared to sister concern on payment of duty - on assessable value of goods determined taking into consideration the average rate of the goods sold - no suppression of facts - Held that:- as per t .....

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of intention to evade payment of duty when the goods were cleared on payment of duty by applying the formula for determination of value other than the one i.e CAS-4 method of costing. Accordingly, the impugned order is set aside. - Decided in favour .....

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or the Respondent : Shri Alok Srivastava, Authorised Representative ORDER PER : DR D.M. MISRA, This appeal is filed against OIO No. 02/Demand/Daman/2007 dtd 16.1.2007 passed by the Commissioner of Central Excise and Customs, Daman. 2. The brief facts .....

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y, demand notices were issued alleging undervaluation and short payment duty of ₹ 83,31,781/-. The demand was confirmed and penalty imposed. Later, the matter travelled up to this Tribunal. By an order dt. 01.6.2005 this Tribunal remanded the m .....

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nd accordingly demand was reduced from ₹ 83,31,781 to ₹ 7,48,854/-. Also, penalty of equal amount was imposed under Rule 25 of Central Excise Rules,2002 besides direction for recovery of interest. Hence, the present appeal. 3. The Ld Advo .....

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t of duty exists as it is a case of inter-unit transfer and the recipient units were cleared the goods on payment of duty. He submits that the said judgement is squarely applicable to the facts of the present case as the goods were cleared on payment .....

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not not be invoked against them. 4. The Ld. A.R. for the Revenue reiterated the finding of the Ld. Commissioner. 5. Heard both sides and perused the records. We find that the appellant during the year 2001-02 cleared the goods to their sister concern .....

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