2009 (3) TMI 668

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....llant. Shri R.S. Srova, JDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - The appellant M/s. Arvind Rub-Web Controls Ltd., is engaged in the manufacture of Rubber Rolls & air shafts vertical core lifting devices, safety chucks etc. falling under Chapter 84/40. The appellant availed Central Exemption and after crossing exemption limit was paying full rate of duty, and ava....

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....nder Section 4 i.e. transaction value and paid duty on the transaction value as provided under Section 4. Rule 3(4) of the CENVAT Credit Rules 2001 prescribed that when input and capital goods on which Cenvat credit been taken is removed 'as such' the manufacturer has to pay duty on the transaction value i.e. has to pay an amount equal to the duty leviable on such goods on the value determined und....

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....lf in view of the fact that the goods were originally cleared for an exhibition under ARE 1 without payment of duty. It cannot be said that the department was not aware of the facts in view of the correspondence between the Superintendent of Central Excise and the appellants. We find that even the value adopted finally of Rs. 3,31,820/- is marginally higher than value declared at the time of expor....