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TMI Blog2008 (2) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... captively consumed grey yarn would be on the basis of the price at which the grey yarn was sold by the assessee to unrelated buyers in wholesale at the factory gate - finding recorded by the Tribunal is a finding of fact which cannot be interfered with - 4246 of 2002 - - - Dated:- 28-2-2008 - ASHOK BHAN J.M. PANCHAL JJ. [Order per : Ashok Bhan, J.].-1. This appeal has been filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... falling under Chapter 54 of the first schedule to the Central Excise Tariff Act 1985. 3. As per Notification No.35/95-E dated 16.3.95, the product dyed yarn was chargeable to 'NIL' rate of duty, if the same was manufactured out of duty paid yarn. Subsequently, Notification No.34/97-E dated 6.6.97 was issued wherein it was provided that the dyed yarn would be chargeable to Basic Excis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods in question and inflated the dyeing cost during the relevant period. Resultantly, show cause notice dated 23 rd February 2002 was issued to the assessee to show cause as to why an amount of ₹ 1,00,87,271/- (Rs.87,71,865/- as BED and ₹ 13,15,406/- as AED) towards short payment of duty be not recovered under the provisions of sub-rule (2) of Rule 9 of Central Excise Rules, 1944 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... textured yarn from the open market, the assessee is also engaged in the manufacture of grey textured yarn itself and is using it in the manufacture of its finished product, viz., dyed yarn. It is also selling a portion of the grey textured yarn to unrelated buyers in the open market at the factory gate. According to the assessee since normal price in terms of Section 4(1)(a) of the Act was avail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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