2005 (3) TMI 648

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....r the Respondent. [Order (Oral)]. - This appeal arises from Order-in-Appeal No. 705/2002-C.E., dated 15-11-2002 by which duty amount has been confirmed in respect of DG Set which had been cleared without payment of duty. The said DG Set has been leased to the appellants by KSFC under Hire Purchase Scheme. As the appellants defaulted to KSFC, the DG Set has been sold on auction. The appellants h....

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....ould be a balance of Rs. 28.607/-. He contended that the confirmed duty at Rs. 1,32,727/- is not correct in law as depreciation value has not been correctly worked out. 4.The learned DR submits that the matter should go back to the Original Authority to consider this claim as there is no finding on this aspect. 5.On a careful consideration of the submissions made by both sides, I notice that the....