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TMI Blog2013 (12) TMI 1343X X X X Extracts X X X X X X X X Extracts X X X X ..... : DR. S. CHAKRABORTY, ADVOCATE AND SHRI A.BISWAS, ADVOCATE For the Respondent: SHRI S.MISRA, A.R. (ADDL. COMMR.) ORDER Per Dr. D. M. Misra; These Applications are filed by the Applicants, namely,(i) M/s. Neepaz Tube (P) Ltd. seeking waiver of pre-deposit of duty of Rs.2.30 crore and equal amount of penalty(Appeal No. E/A/57/07), and duty of Rs.51,89,271.51 equal amount of penalty (Appeal No. E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Applicant No.2, M/s. Tata Steel in favour of the Applicant No. 1 , M/s. Neepaz Tubes. After conversion of raw materials supplied by the Applicant No.2 the Applicant No.1 cleared the same on payment of duty to the customers of the Applicant No.2. The price at which such goods were sold by Applicant No.2 , M/s. Tata Steel, was intimated to Applicant No.1 for the purpose of determination of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yderabad 2002(149) ELT483(Tri.-Chennai), CCE, Indore Vs. S. Kumars Ltd. 2005 (190) ELT 145(SC),etc., the processed/manufactured goods be assessed to duty at the price at which it was sold by Applicant No.2 M/s. Tata Steels Ltd.. The ld. Sr. Advocate has further submitted that all the facts were within the knowledge of the Department. Hence, the show cause notice issued on 02.08.2005 and corrigendu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w cause notice is barred by limitation. 4. Heard both sides and perused the records. We find that the issue involved in the present case relates to determination of assessable value of goods processed/manufactured by the Applicant No.1 in their factory from the raw materials supplied to them by the Applicant No.2, M/s. Tata Steels Ltd., on job work basis. It is the contention of the Revenue that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue of limitation is a mixed question of facts and law and would be considered at the time of disposal of the Appeal. In these Circumstances, we direct the Applicant No.1, M/s. Nepaz Tube Pvt. Ltd. to deposit an amount of Rs.75.00 lakh (Rupees seventy-five lakh) within a period of 8 weeks and on deposit of the said amount, the balance dues adjudged against both the Applicants would stand waived an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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