2004 (8) TMI 595

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....pellant. Shri K.K. Banerjee, Advocate, for the Respondent. [Order per : M.P. Bohra, Member (J)]. -  Heard Shri N.K. Mishra, JDR for appellant and Shri K.K. Banerjee, Advocate for Respondent. Mr. Mishra submits that the statement of Sri Lalit Prasad, Director (Taxation) of M/s. Prabhat Zarda Factory (India) Ltd. had admitted that they had claimed deductions under Octroi Heada amountin....

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....t, 1944. In present case, the duty demand has been paid prior to determination of the duty. So the question of interest does not arise. He submits that the differential duty on account of Octroi has been charged and rest of the amount has not been disputed by the revenue before adjudicating authority. Therefore, he submits that the appeal may be rejected. We have perused the case record and the or....

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....s much less than the amount of deduction availed and therefore, duty on the differential amount is leviable and payable. For arriving at the assessable value, I find that the formula adopted by the assessee as per the observations of the Hon'ble Tribunal in case of Indian Explosives Ltd. v. Collector as reported in 1996 (82) E.L.T. 270 (Tri) is acceptable. From the submissions of assessee, it is r....