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TMI Blog2008 (7) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... entire excise is revenue neutral as neither the assessee stands to loose anything by paying higher duty nor the Revenue stands to gain anything by the appellant’s adoption of lower assessable value - demand is unwarranted and unsustainable - E/769/2007 - 447/2008-EX(PB), - Dated:- 10-7-2008 - Ms. Archana Wadhwa, Member (J) and Shri M. Veeraiyan, Member (T) Shri Ravi Raghvan, Advocate, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l on monthly basis. The Tribunal on appeal, remanded the matter to the adjudicating authority with direction to determine the assessable value based on the audited data for a particular financial year. 3. The appellant's grievance is that instead of following the above direction of the Tribunal, the Commissioner had arrived at the assessable value based upon monthly cost structure. Apart from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h sides, find that the appeal can be disposed of on the point of revenue neutrality. Admittedly, the duty paid .by the appellant was being availed as Modvat credit, which the other unit was in a position to utilize. The Tribunal in the case of PTC Industries Ltd. v. C.C.E., Jaipur-I - 2003 (159) E.L.T. 1046 (Tri-Del.) has held that whatever duty is paid by one unit on sale of goods to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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