2005 (3) TMI 648

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ises from Order-in-Appeal No. 705/2002-C.E., dated 15-11-2002 by which duty amount has been confirmed in respect of DG Set which had been cleared without payment of duty. The said DG Set has been leased to the appellants by KSFC under Hire Purchase Scheme. As the appellants defaulted to KSFC, the DG Set has been sold on auction. The appellants had reversed the credit to the extent of auction value .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e confirmed duty at Rs. 1,32,727/- is not correct in law as depreciation value has not been correctly worked out. 4.The learned DR submits that the matter should go back to the Original Authority to consider this claim as there is no finding on this aspect. 5.On a careful consideration of the submissions made by both sides, I notice that the appellant s claim for depreciation on the DG Set whi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X