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TMI Blog2002 (1) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... er per : Jyoti Balasundaram, Member (J)]. The above application for modification of the Order No. C-I/3363-67/WZB/2001, dated 29-10-2001, by which M/s. Ashima Denims was directed to deposit a sum of Rs. 50 lakhs out of the total duty demand of Rs. 1.27 crores and penalty of equal amount within two months, has been filed for the following reasons. (i) That duty of Rs. 77,52,053/- which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g assessment of goods based on price of comparable goods after making necessary adjustment as contemplated under Rule 6(b)(i) of the Valuation Rules and rejected the department s contention that variation in material characteristics is ground to resort to assessment based on cost of production. 2. It is the further submission of the applicant that even with regard to the issue on percentage of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missible in law. 4. We have carefully considered the rival submissions and we see prima facie substance in the contention that duty is to be levied only on the dyeing component (which has been done in the case of other units carrying on similar activities). We also see force in the submission regarding adoption of Rule 6(b)(i) of the Central Excise (Valuation) Rules for comparable goods captivel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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