2010 (12) TMI 175

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..... while the department has arrived at the value of Rs. 17,47,361 - The assessees make submissions both on merit and time-bar - Department has made out the case on the basis of assessees profit and loss account which clearly shows inclusion of sales tax and freight etc - The submission that profit and loss account is a public document and if demand is made on that basis, no suppression can be allege .....

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..... ng to the Revenue, they were required to reverse an amount of Rs.2,79,578/-. The difference arises as a result of assessees valuing the closing stock at Rs.13,83,437/-, while the department has arrived at the value of Rs.17,47,361/-. 2. I have heard both sides. The assessees make submissions both on merit and time-bar. They submit that certain elements such as freight and sales tax, which are .....

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..... estruction of rejected branded goods containing inputs on which the demand has been made, is still pending with the department. Interests of justice require that the case be heard afresh by the lower appellate authority. Therefore, I set aside the impugned order and remit the case to the Commissioner (Appeals) for fresh decision in detail on all the issues raised by the assessees, after extendin .....

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