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2011 (6) TMI 636

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..... galore Bench of this Tribunal has held that addition of notional profit of 10% is good enough – Held that:- appellants had correctly valued their captively consumed goods, appellants have already paid differential duty as demanded by the department and credit has been taken at the recipient's, appeal is disposed of accordingly - E/682/04 - - - Dated:- 14-6-2011 - SHRI ASHOK JINDAL, SHRI MATHEW .....

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..... 96-CX dated 30.10.19996, is of the view that profit element based on the percentage of profit for previous year is to be added. Therefore, a show-cause notice was issued to the appellants for demand of differential duty. Both the lower authorities have confirmed the demand of differential duty. The period involved in this case is January, 1996 to January, 2000. Aggrieved by the said order, the app .....

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..... s attained finality. He further relied on the decision of the apex Court in the case of Commissioner of Central Excise, Chennai-I Vs. ITC Ltd. reported in 2006 (204) ELT 363 (SC). Therefore, he submitted that the impugned order be set aside and appeal be allowed. He also brought to our knowledge that the appellants have paid differential duty and passed on the credit to their sister unit, which ha .....

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..... ng notional profit of 10% or by adding the percentage of profit of the final products as reflected in the previous year? 5. This issue has been settled by the Bangalore Bench of this Tribunal in the appellant's own case for the previous period, wherein it was held that notional profit of 10% is good enough. Therefore, following the decision of coordinate Bench, in this case also, we hold that t .....

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