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2008 (4) TMI 549

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..... ondent. [Order per : P.G. Chacko, Member (J)]. In the wake of audit objections, the respondents had revised the assessable value of the goods removed from their factory in 1997-98 and paid differential duty of Rs. 23,00,420/-. Similarly, for the next year ( 98- 99), they paid differential duty of Rs. 1,63,187/- for which they obtained Certificate A under Rule 57E of the Central Excise .....

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..... y of the order dated 16-5-2005 issued (in lieu of Certificate A ) by the Assistant Commissioner permitting the assessee to transfer credit of the above amount of duty (Rs. 23,00,420/-) to their sister unit under Rule 57E of the erstwhile Central Excise Rules, 1944 read with Section 38A of the Central Excise Act. Learned SDR has reiterated the grounds of the appeal. It is submitted that the direct .....

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..... d to. This arbitrariness was removed by the lower appellate authority and consequently the assessee has obtained the certificate for the period 1997-98. The assessee is satisfied with this certificate and they no longer claim any refund. In the circumstances, the Revenue s appeal is dismissed. (Operative portion of the order was pronounced in open court on 1-4-2008) - - TaxTMI - TMITax - Cen .....

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