2006 (11) TMI 520

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....ant Dhawan, Advocates, for the Appellant. Shri A.K. Saxena, SDR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - Heard both sides. We find that the appeals can be disposed off. Pre deposit waived and the appeals are taken up for final hearing. 2. The relevant facts, in brief, are as follows. (a) The appellants are importing non coking steam coal in bulk from ....

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....e based on the show cause notices by the Superintendent by issue of four order in originals and ordered for inclusion of demurrage charges in the assessable value, but as regards the price variation clause he has accepted the price declared on the basis of load port test reports. (f) On review of the Assistant Commissioner's order, Department filed appeal before the Commissioner (Appeals),....

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....led to go on appeal against the order of finalization of the Superintendent. However, the same Superintendent has issued show cause notices demanding differential duty on the basis of test results answerable to the Assistant Commissioner.   The appellants have gone about contesting the additional duty liability and replied to the notice of the Assistant Commissioner who passed the orders....