2011 (6) TMI 63

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....yas, Advocate   For Respondent : Shri J.S. Negi, SDR   Per : Mrs. Archana Wadhwa;   After hearing both the sides duly represented by Shri S.J. Vyas, learned Advocate appearing for the appellants and Shri J.S. Negi, learned DR for the Revenue, we find that the appellants are engaged in the manufacture of M.G. Kraft Paper and Paper Board of various G.S.M. falling under Chapte....

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....2. As such, they proposed to enhance the assessable value of the said clearances at 115% of the cost of production of manufacture of such goods.   3. Accordingly, proceedings were initiated against the appellants by way of issuance of show cause notice dated 09.7.2004, for the period 2000-2002, proposing to confirm demand of duty of Rs. 2,64,677/-. The said show cause notice culminated int....

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.... part of the production is being transferred to another plant of the same assessee and balance production sold to independent buyers, the goods transferred to other unit of the same assessee, will not be assessed in terms of Rule 8 of the Valuation Rules i.e. at 115% cost of the manufactured goods. We note that in the present case, there is no allegation that the value adopted by the appellants fo....

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....resent appellants. As such, submits the learned advocate that the entire exercise being Revenue neutral, the show cause notice issued in July 2004, by invoking extended period of limitation is also barred by limitation. For the above proposition reliance is placed on various decisions. We find that the issue of the Revenue neutrality is settled by catena of judgments. However, we may refer to the ....