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TMI Blog2018 (5) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... R) For the Appellant Shri M. Karthikeyan, Advocate For the Respondent ORDER Per Bench The brief facts of the case are that the respondents are manufacturers of cotton yarn / knitted cotton fabrics and started commencing production in March 2001. It was noticed that the duty already paid on the clearances made to related persons / captive consumption was more than what was payable on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt passed such order directing to take notice of the circular as well as the Larger Bench decision before deciding the issue. In the meantime, cotton yarn and grey fabrics were exempted from payment of duty w.e.f. 09.07.2004. Subsequently, appellant filed costing statement in Form CAS-4 and work sheet showing count wise / month wise details of sale and excess / short payment of duty for the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with interest and also proposing to impose penalties. After due process of law, the original authority confirmed duty demand, interest and imposed equal penalty. In appeal, the Commissioner (Appeals) confirmed duty demand for the normal period of one year and set aside penalty imposed under Section 11AC. Against such order, the department is now before the Tribunal. 2. On behalf of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of application of Rule 8 of Valuation Rules and had filed writ petition challenging the vires of said rules. The order was thus pending before the Hon'ble Jurisdictional High Court and the SCN does not allege suppression of facts with intent to evade payment of duty and there is no evidence to establish same. The Commissioner (Appeals) has rightly set aside the demand beyond the normal period ..... X X X X Extracts X X X X X X X X Extracts X X X X
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