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2005 (2) TMI 654

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..... r : Moheb Ali M., Member (T)]. The appellants, M/s. Peninsula Polymers (now Terumo Penpol) Ltd., Trivandrum, are manufacturers of Blood Bags falling under Sub-heading No. 9018.00 of the Schedule to the Central Excise Tariff Act, 1985. The rate of Central Excise duty on the above product prior to the Budget 1998 was 5% ad valorem. The rate was increased to 8% ad valorem in the Budget 1998 whi .....

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..... conducted. The lower authority demanded Rs. 1,95,246/- and the same was confirmed by the Commissioner (Appeals). Hence this appeal. 3. Heard both sides. 4. The short issue for determination is whether duty can be demanded on the goods found in a godown of the appellants which were clearly identified as duty paid, on the ground that the rate of duty had undergone a change upward subsequent to t .....

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..... at the excise duty has been brought down when the goods are sold from the depots. What is good for valuation under Section 4 of the Act is not good enough for the purpose of determination of rate of duty. The goods in the present case already suffered duty and therefore the question of levying duty at the new rate on the specious plea that such duty paid goods are removed from the depots subsequen .....

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