2006 (2) TMI 375

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....nt. Smt. R. Bhagyadevi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - The lower authorities have demanded duty of Rs. 4,48,589/- from the appellants for the period 2001-02 and 2002-03 on the basis of a finding that a part of their clearances for the said period was shown as clearances of goods manufactured by "Lotus Enterprises" so as to remain within the limits prescr....

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.... that, for the period up to 31-7-2002 (prior to Board's Circular No. 648/39/2002-C.X., dated 25-7-2002), the clearances effected by the appellants to third parties for export were liable to be excluded from the aggregate value of clearances for purposes of SSI Notifications. If such exclusion is allowed, it is claimed, the aggregate value of clearances would be far less than what was computed by t....

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....und the Department's view that "Lotus Enterprises" was a dummy unit. 3. In the aforesaid circumstances, we are constrained to hold that the appellants have not made out prima facie case. However, they seem to have genuine financial difficulties as evidenced by the audited Profit & Loss Account, which indicates a loss of over Rs. 4 lakhs for the year ended 31-3-2005. Taking their poor finan....