2008 (10) TMI 517

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....lant. Dr. M.K. Rajak, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - As per facts on record, the appellants, during the period 1-4-03 to 9-7-04 cleared the grey fabric/MMF fabric to their own unit situated at Nadiar for further processing. The said clearance was made on payment of duty by adopting the assessable value as cost price of the same, without including the ....

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....uty paid by them was available as Modvat credit to their other unit. In fact, the said other unit has already taken credit of duty paid by them. As such, he submits that the entire situation is Revenue neutral and the differential duty now being demanded from them is available as credit to their own unit, who was in a position to utilize the same for payment of duty in respect of the goods cleared....

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....es, we find that if the appellants would have paid higher duty by adopting higher assessable value at the time of clearance of the fabrics, their unit situated at Nadiar would have taken credit of the same. It is not a case where the goods are being sold by one assessee to another. It is basically taking out money from one pocket and putting the same in other pocket of same trouser. The other unit....