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TMI Blog2003 (12) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... i Sanjay Singhal, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After dispensing with the condition of the pre-deposit of duty of Rs. 1,31,712/- and penalty of an equal amount, we proceed to dispose of the appeal itself with the consent of both the sides. 2. An amount of Rs. 1,05,053/- has been confirmed against the appellant on the findings that an amount of Rs. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation will apply inasmuch as the allegation of suppression and misstatement made against them are not sustainable. He also relies upon the Hon'ble Supreme Court's decision in the case of Baroda Electric Meters Ltd. reported in 1997 (94) E.L.T. 13 (S.C.) as also in the Tribunal's decision in the case of Empire Industries Ltd. - 1997 (95) E.L.T. 653 (T). 3. Part of the demand i.e. Rs. 26,659. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submissions made by both the sides. In respect of first demand, we do not find any justification in the Revenue's findings that the assessable value of the sulphuric acid has been diverted to transportation charges which the appellant was collecting at Rs. 2 per MT i.e. only a small percentage from their customers. The appellant have given a justifiable explanation that the said amount being c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appellants were not placing invoices showing clearance of the product at the lower value, in which case the longer period of limitation cannot be invoked against them. Accordingly, we set aside the said demand on the point of limitation. 6. Inasmuch as the demand has been set aside, the penalty is also set aside. Appeal allowed with consequential relief, if any. Stay petition also st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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