2003 (9) TMI 498

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..... for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - Vide the impugned order the Commissioner of Central Excise has confirmed a duty demand of Rs. 1,05,37,293/- and imposed a penalty of equal amount on the manufacturer and penalties of Rs. 5,00,000/- and Rs. 2,50,000/- respectively on its General Manager and the Assistant Manager (Excise Customs). The duty demand has been .....

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..... ods . read with Rule 9 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 as per which : when the assessee so arranges that the excisable goods are not sold by an assessee except to or through a person who is related in the manner specified in either of sub-clauses ..........of sub-section (3) of Section 4 of the Central Excise Act, 1944 the value of the g .....

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..... edly the entire amount of duty was available by way of Modvat/Cenvat credit, we see prima facie substance in the applicants contention that the allegation of suppression with intention to evade payment of duty so as to invoke the larger period of limitation cannot be sustained in the light of the Larger Bench decision in the case of Jay Yushin Ltd. v. C.C.E., New Delhi - 2000 (119) E.L.T. 718 whi .....

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