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TMI Blog2000 (10) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : Jyoti Balasundaram, Member (J)]. In these cases, a demand of Rs. 69,73,207/- has been confirmed against appellant No. 1 on the ground that they clandestinely cleared processed fabrics chargeable to duty at different rates during the period 1993 to 1997, in the guise of processed hosiery which is exempt from duty. A penalty of amount equal to duty has been imposed under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrongly taken to be 110 cm. whereas the fabric processed by the appellants was 163 cm width (b) they also contested the value of the grey fabrics adopted in the show cause notice, viz. Rs. 40 per square metre, since the value was in the range of Rs. 18/- to Rs. 21/- per square metre, (c) they also contested the method of calculation of assessable value which was relevant as the duty varied dependi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same price had been supplied to them by these customers during the period in dispute also. They have also filed copies of invoices and price lists showing that during the relevant period, the value of grey fabrics used in processed fabrics cleared on payment of duty, was also in the range of Rs. 18/- to Rs. 23/- per square metre, which they submit, supports their stand in the calculation of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reason that interest and penalty have been levied and imposed even for the period prior to introduction of the Statutory provisions for such levy and imposition. 2. Learned DR reiterates the findings of the adjudicating authority. 3. On a careful reading of the impugned order, we find that the adjudicating authority has not considered the submission regarding the correct width and the valu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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