2008 (12) TMI 457

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..... t. [Order per : Archana Wadhwa, Member (J)]. - The demand of Rs. 7,25,299/- stands confirmed against the appellant in respect of the goods manufactured and cleared by them to their own sister unit for captive consumption on the ground of undervaluation of the same. The said demands stand confirmed by way of issuance of a show cause notice dated 3-8-2005 for the periods 2001-02 to 2002-03. .....

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..... ion in the CBEC Circular dt. 30-10-1996 operative at material time for valuation of goods meant for captive consumption and therefore lapses if any cannot be said to be intentional with ulterior motive. It is a case of simply computing a wrong assessable value and therefore penalty under Section 11AC is not justified. This portion of the order is therefore set aside. However, penalty imposed under .....

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