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The Commissioner of Central Excise & Customs, Nashik Versus M.K. Kotecha & Others

2016 (10) TMI 955 - BOMBAY HIGH COURT

Whether in the light of the subsequent instructions issued by the Ministry, anything would survive in this appeal? - Held that: - the assessee had availed concessional rate of duty under Notification No.175/86. The assessee was not aware of the rates .....

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hat he has not compared the price with others. In the face of such an allegation in the show cause notice and when reliance is placed on a single piece of evidence, we do not think that in its further appellate jurisdiction this Court can enter into .....

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smissed. - Central Excise Appeal No. 124 of 2005 - Dated:- 24-10-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Ms P.S. Cardozo for the Appellant None for the Respondents ORDER P. C. 1. This appeal of the Revenue was listed for direction only .....

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carefully and anxiously. 4. Though the matter is listed for direction, we can dispose it of at this stage itself. There is no opposition to this course. The Tribunal having found that the only case of the Revenue against the assessee was that the as .....

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contractor paid nil rate of duty or concessional rate of duty. Reliance upon only one document was placed and that was a running account bill. The Tribunal rendered a finding of fact that the bills were raised by the assessee taking into consideratio .....

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e was no obligation to deposit or credit the fund with the amount of duty. 5. We do not think that such a finding of fact and as rendered by the Tribunal requires interference in this Court's further appellate jurisdiction. 6. We have also peruse .....

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