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2004 (1) TMI 514

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..... r : Justice K.K. Usha, President]. Challenge in this appeal at the instance of the assessee is against the order passed by the Commissioner dated 12-6-2003. Under the above order the Commissioner confirmed a demand of Rs. 1,56,955/- on the ground that the appellants were paying excise duty on the lower amount/value than the actual MRP due to rounding off the same to the nearest lower rupee. .....

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..... annot be invoked and no penalty could be imposed. During the course of personal hearing on 29-1-2003, the appellant submitted a statement showing the rounding off of MRP on both sides and explained that no revenue loss had happened. A copy of the above submission is produced before us by the appellant. 3. On going through the impugned order, we do not find that the Commissioner had considered th .....

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