2005 (9) TMI 528

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..... manufactured sintered products for captive consumption in another unit belonging to them. They filed a classification list under cover of regular invoices. They have been clearing the goods to the other unit as stated above. During the course of audit by the Department, it was found that the appellants have not included the correct profit while computing the value of the captively consumed goods. .....

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..... ty. 2. Heard both sides. 3. The learned advocate appearing for the appellants argued that the additional duty involved on the goods was paid on being pointed out that the element of profit taken while computing the assessable value of the goods was 19.4% instead of 14.4. Even though this was pointed out beyond a period of six months from the date of payment of duty, the appellants have paid up .....

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..... of profit has not been added while computing the value of the captively consumed goods. When the appellants made good the differential duty, no further action was taken either in the form of demanding interest payable thereon nor did the Department impose any penalty. These circumstances reveal that the Department also accepts that there is no suppression and misdeclaration on the part of the appe .....

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