9911796707
TMI Blog2001 (1) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... grawal, Member (T)]. In this appeal filed by M/s. Haldi Ram Manufacturing Co. Ltd. the issue involved is computation of the amount of duty and whether in the facts and circumstances of the matter penalty is imposable on them. 2. Shri M.P. Devnath, learned Advocate, submitted that the appellants manufacture inter alia Namkeens, Mixture and Chabenas falling under Sub-heading 2108.99 of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned goods; that, however as the Notification No. 17/98 amending Notification 5/98 providing nil rate of duty in respect of Sweet meat Namkeen etc., was issued only on 18-7-1998 the Commissioner under the impugned Order has confirmed the duty amounting to Rs. 22,29,177/- and imposed a penalty of Rs. 3 lakhs on the Appellants. The learned Advocate submitted that they are not challenging the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.M. Dubey, learned DR opposed the arguments by reiterating the findings given by the Commissioner in the impugned Order. The Commissioner had given his finding that the value at which the duty had been demanded was the price at which the goods were sold at the factory gate and as no duty was paid on this value it was correct value for charging duty. The learned DR also submitted that penalty is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remand the matter to the Commissioner for recomputing the assessable value in terms of the decision in Sri Chakra case and recalculate the amount of duty payable by the Appellants. Taking into consideration the fact of the case, no penalty is imposable on the Appellants as they had a bona fide belief that no duty is payable once an announcement is made in the Lok Sabha about the duty on imposed go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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