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TMI Blog2006 (1) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent. [Order per : Archana Wadhwa, Member (J)]. All the four appeals, are being disposed off by a common order as they are directed against the same impugned order passed by Commissioner vide which he has confirmed demand of duty of Rs. 27,71,594/- against M/s. Anurang Engg. Co. Ltd. along with imposition of personal penalty of identical amount and confirmation of interest. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., which in turn is based upon the cost of Aluminium ingots supplied by M/s. Bajaj Auto Ltd. The adjudicating authority has observed that the landed cost of Aluminium ingots has not been shown correctly. As such by addition of charges @ of 1%, loading unloading charges @ of 5% and the profit margin of M/s. Bajaj Auto Ltd. @ 10% he has concluded that the difference in the value was to the exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorized Representative of M/s. Bajaj Auto Ltd. as also of M/s. Anurang Engg. Co. Ltd., are to the effect that the prices of ingots were negotiated prices. However the adjudicating authority has observed that though the process were agreed but they were not genuine and were adopted for undervaluation of the final product. This is nothing but self-contradiction. In any case we find that whatever d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that the confirmation of duty against M/s. Anurang Engg. Co. Ltd. is not sustainable. 1.4 Apart from the merit of the case we also note that the demand is hopelessly barred by limitation. Notice for the period June 98 to September, 99 was issued on 5-3-2001. The ingots were being cleared by M/s. Bajaj Auto Ltd. on their invoices and the final casting products were being cleared by M/s. An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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