9911796707
TMI Blog2000 (11) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The appellants are engaged in the manufacture of PSC sleepers under a contract with the Indian Railways. MCI inserts and high tension steel wire are supplied free of cost by the Indian Railways. The agreement arrived at by the appellant with the Indian Railways contained price variation clause. There is no dispute about the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the provisions of Section 11A for the clearances made during the period February 1993 to July 1993. The said show cause notice was adjudicated by the Asstt. Commissioner confirming the demand of duty of Rs. 3,22,210.57 by adopting the value of HTS wire as Rs. 29.79 paisa per kg. which was the price of the said raw material at the rate prevailing at the time of clearance of the finished product i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firmed against the appellant. On an appeal against the above order, appellant did not succeed before Commissioner (Appeals). Hence the present appeal. 4. The appellant duly represented by Shri P.R. Biswas, ld. Consultant has assailed the orders of the authorities below mainly on two grounds. They submit that charging of interest after inputs had landed in the appellants' factory till their u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any from the date of its receipt till its clearance in shape of finished product. The above view of the Revenue authorities is not supported by any provision of law or any precedent decision. There is no justification for including the notional interest in the landed cost of the raw materials. 7. We further agree with the submission of the ld. Consultant that by confirming the higher amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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