2009 (1) TMI 471

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....uty, were required to file price declaration declaring 'normal price' of these yarns in terms of Section 4 of the Central Excise Act, 1944 read with Rule 173-C of the Central Excise Rules, 1944. Price lists were filed and orders for provisional assessment were sought; various orders were passed by the Assistant Commissioner under Rule 9-B, which, on scrutiny, revealed that 'normal price' of the yarn comprises of several ingredients, but the assessee had not included/added the ingredients representing the profit element while arriving at the normal value. As per Section 4(1)(b) of the Central Excise Act, where the normal price of the excisable goods is not ascertainable for the reason that such goods are not sold or for any other reasons, th....

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....Rs. 3,06,272/- for the period April, 1997 to August, 1997, and Rs. 41,001/- for the period September, 1997 to November, 1997, show cause notices proposing recovery of the above amounts were issued; notices were adjudicated by the Assistant Commissioner vide orders dated 13-9-1997 and 30-11-1998 confirming demands of Rs. 1,87,652/- and Rs. 1,60,891/- respectively the Commissioner (Appeals) vide order-in-appeal no. 325-326-CE/IND/APPLS-II/2004 dated 11-8-2004 allowed the appeals with consequential relief. Hence these appeals by the Revenue. 2. None appears for the respondents in spite of notice; hence we heard learned SDR and perused the records. 3. We note that the lower appellate authority has relied upon the Larger Bench de....