2006 (3) TMI 600

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....hagya Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application seeks waiver of pre-deposit and stay of recovery in respect of an amount of duty of Rs. 1,22,566/- and an amount of penalty of Rs. 10,000/-. The duty demand on the appellants is consequential to enhancement of assessable value of the cotton yarn cleared by them qua job workers to their principal ma....

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....riving at this value, the basic price of cotton was taken as Rs. 40.79, purchase expenses were taken as Re.0.73 and total landed cost was determined as Rs. 41.52 (Rs. 40.79 + 0.73 = 41.52). The certificate indicates that freight, spot expenses etc. were included in "purchase expenses". Ld. Consultant has argued that Re.0.73 includes the transportation and handling charges in so far as 1 kg. of cot....

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....f transportation charges in the assessable value, though they have asserted that they included handling charges in the assessable value. Their admission of non-inclusion of transportation charges in the assessable value is inconsistent with their own Cost Accountant's certificate, while their claim of having included handling charges in the assessable value is not supported by any documentary evid....