2000 (9) TMI 285

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..... : Justice K. Sreedharan, President]. Assessee is the appellant. He cleared certain quantity of yarn for export on bond. The goods so cleared could not be exported. He sought permission to divert it for domestic sale. Jurisdictional Assistant Commissioner conceded his request by order dated 23-4-98. In that order, he directed the assessee to pay central excise duty of Rs. 1,86,631/- on the va .....

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..... e provisions contained in Circular No. 87/87/94-CX. 6, dated 26-12-94 issued by the Central Board of Excise Customs, Ministry of Finance. Relevant provision of this Circular which is applicable to the case on hand is contained in para 12.4. According to the learned counsel, the authorities have wrongly adopted the value shown in A.R. 4 and so, orders impugned in the appeal are not sustainable. .....

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..... ld have been found out and duty fixed accordingly. This having not been done, the only course that is open to us is to remit the matter to the jurisdictional Central Excise Officer to re-assess the duty in terms of Section 4 of the Act. The refund application submitted by the party will also be dealt with on that basis. Since the matter is a long pending one, the said authority must pass final ord .....

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