9911796707
TMI Blog2007 (10) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... he third party in open market. - Appeal No. E/2999/2004 - 557/2007-(EX)PB), - Dated:- 3-10-2007 - Ms. Jyoti Balasundaram, Vice President and K.K. Agarwal, Member (T) [Order per : Jyoti Balasundaram, Vice-President].- We have heard Ld. DR and perused the records of the above appeal. None appeared for the respondents inspite of notice. 2. Brief facts of the case are that the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove basis, the Deptt. issued a show cause notice proposing recovery of differential duty as a result of holding that the benefit of exemption was not available; the demand was confirmed and penalty was imposed by the adjudicating authority; the Commissioner (Appeals) in appeal filed by the proprietary concern, set aside the duty demand and penalty and allowed the appeal of the assessee holding as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Mills on which Modvat credit is taken by them and further used for the manufacture of final product and cleared on payment of Central Excise Duty leviable thereon as such clearance of ingots was not to third party but infact was an internal transfer and value of ingots is very much included in the value of the final products of the Appellants, accordingly, there should not be a double value a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also set aside". 3. Nowhere does the SCN allege that there were clearances by the proprietary concern to any third party. Therefore, since according to the Department both the proprietary concern and the Private Ltd. Co. are one and the same for the reason that the proprietary concern was owned by the Private Ltd. Co., the calculation method adopted by the Deptt. by first taking into accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
