2006 (12) TMI 306

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Advocate, for the Appellant. Shri Ajay Saxena, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  Vide the impugned order the Commissioner of Central Excise, Pune has confirmed short levy of Rs. 21,20,913/- together with interest at the rate of 20% under the provisions of Section 11AB of the Central Excise Act, 1944, imposed penalty of Rs. 5,00,000/- (Rupe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ble value on the basis of consideration of fresh evidence produced before the Bench in the form of bill of entry showing the price of comparable goods (Cathode Ray Tubes). In the present impugned order the Commissioner has considered the fresh evidence in para 11 of his order and held that assessable value of a product manufactured in India cannot be compared to the value of an identical or simila....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... their holding company are cannot be included in the assessable value of Cathode Ray Tubes for the reason that this interest is held to represent additional consideration which is relevant only in the context of Section 4(1)(a) while the valuation of the present case has been done under Section 4(1)(b) of the Central Excise Act, 1944. We, therefore reduce the duty demand to Rs. 19,09,713/- by excl....