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2016 (10) TMI 761 - CESTAT MUMBAI

2016 (10) TMI 761 - CESTAT MUMBAI - TMI - Liability to duty - principal manufacturer or job worker - N/N.83/94 and 84/94 - whether demand of duty from respondent justified on the ground that principal manufacturer Rajni Timbers P. Ltd did not use the goods supplied by the respondent for further manufacture of the goods but sold them as such in the open market? - Held that: - The fact that the respondent is functioning under notification 83/94 read with notification 84/94 would mean that the resp .....

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at the principal manufacturer i.e. who furnished the undertaking under notification 83/94 and 84/94 is liable to duty - appeal dismissed - decided against appellant. - Appeal No. E/4023/05 - Dated:- 24-8-2016 - Shri M.V. Ravindran, Member (Judicial) And Shri Devender Singh, Member (Technical) Shri Ashutosh Nath, AC (AR) for the appellant Ms. L. Maithili, Advocate for the respondent ORDER Per M. V. Ravindran This appeal is directed against Order-in-Appeal No. SVS/316/NGP-C/2005 dated 16.09.2005 a .....

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all the requirements of notification 83/94 and 84/94 supplied the finished goods back to the raw material supplier. An investigation was carried out by the department and it was found that Rajni Timbers did not use the goods supplied by the respondent for further manufacture of the goods but sold them as such in the open market. Show-cause notice was issued for demanding duty from the respondent. The adjudicating authority confirmed the demands raised along with interest and also imposed penalt .....

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