2009 (4) TMI 612

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Appellant is engaged in the manufacture of PVC insulated core twisted and armored wire in their Baroda factory. They were clearing the same to their Silvassa factory on payment of duty. The assessable value in respect of such goods was being arrived at on the basis of cost structure, by adding 5% profit margin. With the introduction of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ons. "After hearing both sides & considering the issues it is found - (a)     the issue on valuation of Aluminium rods on merits has to be upheld. As regards the plea of limitation on account of Revenue Neutrality, we found after perusal of para 4 of the S.C. decision in case of Mahindra & Mahindra - 2005 (179) E.L.T. 21 (S.C.) that the appellants should be heard on this aspe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... After hearing both the sides, we find that the goods were admittedly being cleared by the appellant to their own sister unit, who was availing the benefit of the Modvat credit of duty paid thereon. As such the entire exercise was revenue neutral and no mala fide motive can be attributed to the appellant. The law was changed with effect from 1-7-2000 and the departmental officers were aware o....