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1990 (7) TMI 242

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....nt. [Order per: V.P. Gulati, Member (T)]. -  By this application the applicants have sought dispensation of the pre-deposit of duty amount of Rs. 19,219.45 demanded from the applicants in terms of the impugned order. The learned Advocate for the applicants stated that originally proceedings were drawn for the recovery of this amount from the appellants for showing cause to the Assistant Col....

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....erial facts for the purpose of arriving at the assessable value in respect of the goods which were captively consumed. He has pleaded that the applicants had incurred a net loss and, therefore, had not added any profit element in arriving at the assessable value in terms of Rule 6-b(ii) of the Valuation Rules. He has pleaded that the department has sought to include an element of profit on 8.5% be....

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....he impugned order. He has pleaded that the applicants had not deliberately held back any information or resorted to any suppression with a view to evade any payment due. The learned SDR of the department pleaded that, admittedly the applicants have not shown the gross profit earned by them in the price list and to that extent they can be taken to have made a mis-statement in the price list. On a q....