2006 (1) TMI 276

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....dvocate, for the Appellant. Shri U.H. Jadhav, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - All the four appeals, are being disposed off by a common order as they are directed against the same impugned order passed by Commissioner vide which he has confirmed demand of duty of Rs. 27,71,594/- against M/s. Anurang Engg. Co. Ltd. along with imposition of personal penal....

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....valuation of Aluminium castings manufactured by M/s. Anurang Engg. Co. Ltd., which in turn is based upon the cost of Aluminium ingots supplied by M/s. Bajaj Auto Ltd. The adjudicating authority has observed that the landed cost of Aluminium ingots has not been shown correctly. As such by addition of charges @ of 1%, loading unloading charges @ of 5% and the profit margin of M/s. Bajaj Auto Ltd. @ ....

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....dditions on various grounds. It is also on record that the statements of the Authorized Representative of M/s. Bajaj Auto Ltd. as also of M/s. Anurang Engg. Co. Ltd., are to the effect that the prices of ingots were negotiated prices. However the adjudicating authority has observed that though the process were agreed but they were not genuine and were adopted for undervaluation of the final produc....

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....e. The entire case is based on assumptions & presumptions as such we are of the view that the confirmation of duty against M/s. Anurang Engg. Co. Ltd. is not sustainable. 1.4 Apart from the merit of the case we also note that the demand is hopelessly barred by limitation. Notice for the period June 98 to September, 99 was issued on 5-3-2001. The ingots were being cleared by M/s. Bajaj Auto....