2005 (6) TMI 153

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..... hon, Member (T)]. - Appellants are aggrieved on the duty being demanded on mould repairs/modification charges recovered by them from their customers who had supplied the moulds. 2. Appellants had declared the mould values and were amortizing the same and when they filed the price lists in February, 1991, they were not aware of the subsequent costs which were required to be incurred on the moulds. .....

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..... for mere inaction proviso clause of Section 11AC(1) cannot be invoked. We also find force in the plea made that lower authority had not arrived at any finding contra to the plea of limitation and Revenue did not file an appeal. Therefore, the plea will be deemed to be settled in favour of assessee, in the facts of this. Consequently, the demand is set aside on limitation plea only. 4. Appeal disp .....

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