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2016 (6) TMI 716

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..... fail. The Respondents have submitted detailed work sheet with costing details. The various components for arriving at cost of grey and cost towards process - loss, processing/packing charges have been specified. The cost of yarn is said to be based on prevailing market rate. The Original Authority held that the costing should have done only on actuals. However, while arriving at the figures fo .....

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..... D SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri Govind Dixit, DR. For the Respondent : Shri Rahul Tangri, C.A.. ORDER PER B. RAVICHANDRAN: These are two appeals by Revenue against Appellate order dated 16.05.2006 by the Commissioner (Appeals), Indore. The main Respondent (M/s.S. Kumars Ltd., Dewas) are engaged in the manufacture of processed man made .....

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..... us. 2. Ld. AR, Shri Govind Dixit, submitted that the Respondents failed to arrive at correct assessable value of processed fabrics in terms of principles laid down by Hon ble Supreme Court in Ujagar Prints [1989 (39) ELT 493 (SC)]. All expenses incurred on grey fabrics till it reaches the premises of the processor should be included in the value. He pleaded that the Respondents failed to consid .....

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..... 000 to December, 2000. The Revenue built their case against Respondents based on balance sheet for the year 1997-98. On this ground alone, the proceedings against the Respondents have to fail. This much has been recorded by the lower appellate authority also. Even otherwise, on merit, we find no sustainable case for Revenue. The Respondents have submitted detailed work sheet with costing details. .....

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..... uidelines regarding submission of CAS-4 Certificate. The standards were incorporated through the Circular dated 13.02.2003 of the Board for future guidelines. 5. After careful consideration of the impugned order, we find no infirmity in the same. The appeals do not bring out any sustainable ground to interfere with the findings in the impugned order. Accordingly, we dismiss the appeals. [Ope .....

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