2003 (5) TMI 249

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....dent. [Order per : G.N. Srinivasan, Member (J)]. -  The application for modification of our order made in E/S/680-681/02 in the above appeals dated 7-8-2002 has been filed. 2. The two appeals have been filed against the demand of duty of Rs. 6,37,58,428/- and penalty of equal amount plus another penalty of Rs. 50 lakhs. The case of the applicant-assessee S. Kumar's Ltd., to put it in ....

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.... the application. It was also argued elaborately on more than two occasions by the ld. Counsel. Our order dated 7th August was dictated in Court. It is the contention before us the assessees factory namely S. Kumar Ltd. has been transferred to SKM Fabrics (Amana) Ltd. The purchaser it would appear has filed an application for refund of duty from the Central Excise authorities and the same has been....

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.... on the judgment of the Tribunal in Cadbury Ltd. v. CCE, 2001 (135) E.L.T. 510. He also raised a contention that for purpose of valuation there cannot be a calculation of any amount twice for purpose of valuation. This adds to the liability unnecessarily on the assessee. 3. It is no doubt true that ld. Counsel has argued the case elaborately at the time of waiver application. He argued it mo....

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....ote of this specifically, the above submissions in our earlier order it does not mean that we have not taken note of the argument made by the Counsel. By way of repetition we would like to state that the stay application are heard with utmost attention which is considered by us to be due to the said application. We are conscious of the fact that jurisdiction given to the Tribunal in considering th....