1997 (8) TMI 212

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....ant. Shri K. Srivastava, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - By the impugned order, the Additional Collector of Central Excise, Aurangabad has confirmed a demand of differential duty of Rs. 1,84,385.60 p. and imposed a penalty of Rs. 25,000/- on the appellants herein on the ground that the appellants received Centre Bearings and Reverse Sleeve Yokes whi....

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....titled to any refund. He therefore, only makes a submission on imposition of penalty. He submits that penalty is not warranted because there is no intention to evade payment of duty. The appellants would have been entitled to Modvat credit if the value of the Centre Bearing and Reverse Sleeve Yokes received from the customers, was added in the assessable value of final product and excise duty paid....

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....Centre Bearings and Reverse Sleeve Yokes in the assessable value of the Propeller Shaft Assembly and had in fact paid the Central Excise duty on the entire value. 4. We have carefully considered the submissions of both the sides. We agree with the learned DR that there has been a contravention of the Rules inasmuch as, the appellants did not add the value of the items received by them from....