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2016 (8) TMI 980 - CESTAT AHMEDABAD

2016 (8) TMI 980 - CESTAT AHMEDABAD - TMI - Recovery of duty short paid - Job-work - expenditure incurred on behalf of loan licensor towards inspection fees, approval of additional products at FDA etc. - debit notes raised on loan licensor against these expenditures - being loan licensee, discharged excise duty on selling price declared by their loan licensor - Held that:- even though the appellant had argued that once duty is discharged on the basis of selling price declared by the principal ma .....

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g sufficient evidences. - Appeal allowed by way of remand - E/1569/2008 - A/10489/2016 - Dated:- 1-6-2016 - Dr. D.M. Misra, Member (Judicial) and Mr. P.M. Saleem, Member (Technical) For Assessee : Shri S Bissa, Advocate For Revenue : Shri S K Shukla, Authorised Representative ORDER This appeal is filed against OIA No. KKS/383/DAMAN/2008 dt 30.9.2008 passed by the Commissioner of Central Excise (Appeals). 2. The brief facts of the case are that the appellants are engaged in the manufacture of Med .....

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ing recovery of duty short paid. The demand was confirmed and penalty imposed. Aggrieved by the said order the appellant filed an appeal before by the Ld Commissioner (Appeals), who in turn, rejected their Appeal. Hence, the present appeal. 3. Ld Advocate for the appellant submits that being loan licensee, they have discharged excise duty on the selling price declared by their principal manufacturers i.e. the loan licensors. Therefore, the expenditures incurred towards obtaining FDA approval etc .....

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