2001 (1) TMI 341

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.... JDR, for the Respondent. [Order per : G.A. Brahma Deva, Member (J)]. -  Arguing for the assessee Shri Ravishankar, Advocate, submitted that the issue relates to Valuation. He submitted that transportation charges will not become part of the assessable value. He said that Central Excise duty is leviable on the manufacture and not on transportation of goods. He also stated that loading a....

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....rallel sets of the invoices without informing the Department. He also submitted that the Department was not justified in imposing a penalty under Section 11AC of the Act as well as the interest under Section 11AB, which relates to the period 1-1-1994 to 26-6-1996 whereas amended provisions of Sections 11AB and 11AC which were introduced on 28-9-1996. It is further submitted that penal provisions u....

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.... the assessee with reference to the penal provisions under Sections 11AB and 11AC of the Act. Penal action cannot be initiated under the respective sections for the period in question since the amendment provisions were introduced in 28-9-1996, subsequent to the period of dispute. In view of this position the penalty as well as interest levied on the assessee is hereby set aside. 4. With r....