9911796707
TMI Blog2013 (8) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... 23.03.2009 was issued to the respondents demanding duty – Held that:- Audit team visited M/s. Ramesh Industries, Raipur a sister concerned of the Appellant unit and they had knowledge of this facts right from the date of Audit in M/s. Ramesh industries, Raipur i.e. from 2006, but the department failed to make any investigation against appellants unit – Appeal of revenue rejected – Decided against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 and also profit and loss account of respondents for the financial year ended on 31.03.2007 it was noticed that under the schedule K showing clause other income , there has been mentioned figures amounting to Rs. 14,61,511/- received on account of sale of Roll scrap. It capital goods are cleared as, waste and scrap assessee is required to pay duty on transaction value under Rule 3 (5A) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 14,61,511/- has been shown in the balance sheet which is a statutory document filed by respondent under the Companies Act. Therefore the duty was rightly confirmed by the Adjudicating authority. He submits that the Commissioner (Appeal) did not appreciate the provision of the Central Excise Act, in proper perspective and came to the conclusion that other income mentioned of the K schedule in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case a Show Cause Notice was issued on 23.03.2009 demanding the tax for the period 03/2006 to 12/2007 and Commissioner (Appeal) has dropped the present case on merit as well as on the limitation. Commissioner (Appeal) in para 6.3 of the order has held as under: 6.3 Further, the adjudicating Authority in the impugned order at para 8(xii) himself admitted that in the similar case for the period 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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