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M/s. RK Polymers M/s. Fairdeal Agencies Versus Commissioner of Central Excise Raipur

Shortages and excesses of goods - demand on the basis of electricity consumption - Held that: - it emerges that there is a dispute which cannot be reconciled without examination and verification at the level of original adjudicating authority. Therefore, it is right that the matter is remanded for the limited purpose of examining the issue that how much demand is based only on electricity consumption which cannot be upheld against the appellant - if the penalty imposed on other appellant, M/s. F .....

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in appeal against order-in-original No. 079-16 dated 16.08.2016 passed by Commissioner of Central Excise, Raipur. 1.2 The appellant-assessee, M/s. R K Polytubes is disputing the part demand only of ₹ 3,20,438/- of period 1997-1998 out of the total confirmed demand of ₹ 13,11,438/- for the total period of 1997-1999 saying that it is based only on electricity consumption. The other appeal is filed against penalty of ₹ 2 lakhs imposed on M/s. Fairdeal Agencies, who is a trader in .....

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unal vide its order No. A-50276-50277/2013-E(DB) dated 17.1.2014 (in Excise Appeal No. 411-412 of 2006) remanded the matter to the Commissioner for quantifying the duty liability of the appellant along with penalty liability in terms of observations and findings made by the Tribunal in the said order. 2.1 The matter was again adjudicated vide order in Original No. 079/2016 dated 16.8.16 against which the appellants are in appeal in second round before this Tribunal. 3. With this background, both .....

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