1998 (5) TMI 156

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espondent. [Order ]. -  This appeal relates to claim for refund of duty on goods which had been cleared by the appellant originally to M/s. Garlick Engineering which were returned by that customer. Appellant furnished D-3 intimation of the returned goods and carried out certain processes and thereafter despatched the re-made or re-manufactured goods to other customers. Refund of duty wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....unsel for the appellant referred to the arguments submitted by him in a similar Appeal No. E/1527/97 relating to the same appellant which had been disposed of earlier in the day. He stated that his submissions therein would hold good in the present case also. He pleaded that on the same basis, the present appeal may also be allowed. 4. Reiterating the arguments advanced by him in respect o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....same emphasis in the impugned orders. The extent of variation of prices of the re-processed goods and the original goods was stated to be the high justifying the conclusion that these did not represent re-processed goods from out of returned goods. There was disagreement between the two sides as regards the extent of variation of the prices. It cannot be said that merely because there is variation....