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TMI Blog2006 (8) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. Shri P.K. Katiyar, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. All the appeals are being disposed off by a common order as they arise out of the same impugned order of the Commissioner by which he has confirmed demands of duty against M/s. Premier Electrodes Ltd., and has imposed penalties upon the other appellants on the allegations and findings of clande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sheet and subtracted clearance value as reflected in their RT-12 returns. His submission is that value as shown in RT-12 returns is the assessable value i.e., without inclusion of excise duty, sales tax, etc., whereas the value of clearance in balance sheet is inclusive of taxes and the other admissible deductions. As such, the authorities have committed an error inasmuch as the clearance value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lance sheet or the net value of clearance in terms of one balance sheet has to be deducted from the net value in terms of the other balance sheet so as to arrive at the correct figure of clandestine clearance for the said purpose, we remand the matter to the Commissioner to re-adjudicate on the said issue and re-quantify the demand of duty accordingly. 5. At this stage, Ld. Advocate submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the de novo proceedings. Penalty amounts imposed upon the various other appellants are also required to be decided afresh. 7. Revenue s appeal against the same impugned order is in respect of that part of the order vide which he has given the benefit of cum duty value to the appellants. We find that the above issue is no more res integra and stands decided by the Larger Bench s decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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