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TMI Blog2011 (3) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... ad valorem or Rs.15 per sq. mtr whichever is higher - The assessees adopted the rate of basic customs duty as 17.5% which, they submit, is higher than Rs.15 per sq.mtr - Allowed the appeals in favour of assessee. - E/1044 & 1045/04 - - - Dated:- 2-3-2011 - Ms. JYOTI BALASUNDARAM, Dr. CHITTARANJAN SATAPATHY, JJ. Shri S.D.Sankaran, Consultant For the Appellant/s Shri C.Dhanasekara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty, and SCN dt. 7.8.2001 for recovery of duty of Rs.19,298/- for the months of July and August 2000 and for imposition of penalty, were issued. Out of the demand of duty of Rs.1,98,402/-, demand of Rs.1,86,815/- was confirmed and the demand raised in the second notice dt. 7.8.2001 was confirmed and penalty of Rs.10,000/- each was imposed. The Commissioner (Appeals) upheld the duty but set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.15 per sq. mtr whichever is higher. The assessees adopted the rate of basic customs duty as 17.5% which, they submit, is higher than Rs.15 per sq.mtr. Applying the ratio of the decision in the case of Ambika Silk Mills cited supra, we hold that the assessees are not liable to pay differential duty, set aside the impugned order and allow the appeals. (Operative part of the order was pronounce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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