2008 (5) TMI 550

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....tion, for the Appellant. Shri Ajay Saxena, SDR, for the Respondent. [Order]. -  The above appeal arises out of the order of the Commissioner (Appeals) rejecting the appeal of the assessees against the adjudication order of the Assistant Commissioner, Ghaziabad confirming a duty demand of Rs. 3,03,366.30 and appropriating penalty of Rs. 75,000/-. 2. The brief facts of the case....

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....entry instead of 'depot'. Pursuant to the remand the Assistant Commissioner passed order dated 28-7-2000 confirming the demand and imposing penalty; this order was upheld by the Commissioner (Appeals); hence this appeal before the Tribunal. 3. I have heard both sides. 4. In the remand order the Commissioner (Appeals) held that the charge of misdeclaration of 'factory' instead of' '....

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....red depot, credit was not admissible. The Commissioner (Appeals) in the present impugned order has committed the same error in holding that the endorsement of bill of entry from head office to factory only is permissible and head office working as dealer cannot endorse bill of entry to its depot. In other words both the authorities below have gone beyond the scope of the earlier remand order of th....