2005 (9) TMI 420

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.... Shri V. Valte, DR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The matter is before us again on remand by the Hon'ble Supreme Court of India (Civil Appeal Nos. 7292-7293/99 ordered on 2-3-2005 [2005 (181) E.L.T. 200 (S.C.)]. 2. The dispute between the assessee and the Revenue was about valuation of yarn produced by the appellant. The assessee produced yarn both fo....

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....he case of Ujjagar Prints v. UOI - 1989 (39) E.L.T. 493. The Revenue took up that matter in appeal before the Supreme Court and the present order of remand has been passed in those appeals. The direction in the remand order is as under : "On appeal, the Tribunal has merely held that the decision in Ujjagar Prints (supra) was applicable without determining the further question whether the assess....

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....ingle yarn, Grey yarn & TB (Trilobal Polyester) but Central Excise Deptt. wrongly compare with two fold, dyes normal polyester yarn. Job work yarn cleared April & May '94 but compared with yarn cleared earlier 2 months (approx.) back. Grey yarn compared with dyed yarn. Grey yarn compared with dyed yarn. Job yarn 2/48 NM compared with 2/50 NM & March '94 rates compared with April, May &....

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....bmitted that it will be clear from the objections that the two types of yarns were not comparable. As regards value, the submission is that yarn prices are subject to heavy fluctuation and it is not appropriate to compare prices of clearances of one period with another. It is being pointed out that the impugned order has applied sale price without giving any allowance for the differences in the ti....