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2014 (1) TMI 310

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..... This claim of the consignment agents appears to have not been investigated. Further, the appellant’s claim that they are selling the final products ex-factory to various parties in addition to selling the goods through consignment agents has not been refuted. In view of the above, it appears that the extra collections (which according to the learned advocate, is in the range of 0.84% to 2.35%) ar .....

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..... herein it was alleged that the consignment agents had collected amounts in excess of the invoice prices adopted for payment of excise duty. On the basis of the show-cause notice dated 30-7-2010, a sum of Rs. 91,08,063/- relating to period July 2005 to June 2009 stands confirmed along with interest and penalty under Section 11AC stands imposed. In addition to that, a penalty of Rs. 50,000/- on Mr. .....

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..... ) submits that the appellant themselves have admitted short levy to the tune of about Rs. 15.2 lakhs. 5.1 We have carefully considered the submissions from both sides and perused the records. 5.2 On a perusal of the show-cause notice, it is noticed that the consignment agents have claimed the extra collection as due to LC charges and other bank charges and interest for delayed payments. This c .....

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