2001 (6) TMI 453

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lves to M/s. Hindustan Petroleum Corporation at the value of Rs. 27.86 per valve on payment of Central Excise duty for the period from 6/91 to 5/92 whereas it was observed that during the corresponding period the assessee had cleared valves at the rate of Rs. 38.38. Rs. 43.91. Rs. 43.46. Rs. 44.04 and Rs. 45.44 to three Oil Corporations including the HPCL. Details of clearances at Rs. 27.86 per valve and the higher rate at which the valves were cleared during the corresponding period and the differential duty arising for such difference in rates is given in the Annexure to the show cause notice calculated at Rs 3,21,326/-. The assessees were called upon to explain as to why the same should not be recovered by show cause notice dated 6-10-19....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd submitted that the ratio of the judgment of the Hon'ble Apex Court in the case of Ujagar Prints (supra) is distinguishable for the reason that the item manufactured and supplied on job work basis and the one sold through invoice is same and there is no variation of price and the larger period is invocable since difference in price was not brought to the notice of the Department. 4. On the other hand the learned Counsel for the respondents submitted that there has to be difference in price since the valves which were manufactured out of virgin brass are different than the valves manufactured on the job work basis from the brass scrap supplied by the HPCL . The valuation has to be adopted in terms of the judgment in the case of Ujaga....