2007 (7) TMI 447

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and imposing penalty of Rs. 10 lakhs on its General Manager (Indirect Taxation). The brief facts leading to the filing of the appeal are that M/s. Raymond Ltd. are engaged in the manufacture of Man-made fabrics, Woollen fabrics and Yarn falling under Chapters 51 and 55 of the Schedule to the Central Excise Tariff Act, 1985. They also manufactured Polyester Tops, Polyester Wool Blended Tops, Wool Tops and Woollen Polyester Blended Tops (hereinafter referred to as 'the said goods') and partly consumed them within the factory of production in the manufacture of yarn without payment of duty in terms of Notification 67/95-CE dated 16-3-1995 and partly cleared the said goods on payment of duty to their other factories. Prior to 1-3-1994, duty on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....chnical lapse on their part; for the year 1995-96, the assessee claimed the exemption for captive consumption under Notification No. 67/95 in respect of Blended Tops, hence no demand of differential duty for Blended Tops was confirmed against the assessee by the Assistant Commissioner's order of October, 1997. The appeal of the assessee against the confirmation of demand on yarn was allowed by the Commissioner (Appeals) by the order dated 8-5-1998 by remand of the proceedings to the Assistant Commissioner for the purpose of determination of value under the provisions of Rule 6(b)(i) of the Valuation Rules with reasonable adjustment taking into consideration all the relevant factors of the comparable goods. Revenue preferred an appeal before....