2005 (3) TMI 514

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..... ent. [Order per : V.K. Agrawal, Member (T) (Oral)]. This is an application by M/s. Jagajothi Spinning Mills, for waiver of pre-deposit of central excise duty of Rs. 1,45,700/- and penalty of Rs. 1,55,700/-. Shri S. Kandasamy, learned Consultant submitted that out of cotton yarn manufactured by them around 60% has been sold to one Mr. Jayakumar, proprietor of M/s. Jayakumar Fabrics, who i .....

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..... her price than the price at which the goods were sold to others. Further, Rule 8 of Central Excise Valuation Rules applies in case of captive consumption of goods and not in respect of related person. The applicants have, therefore, made out a strong prima facie case for waiver of duty and penalty. Accordingly, we stay the recovery of the entire amount of duty and penalty during the pendency of th .....

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