2011 (3) TMI 1176

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....espondent Per : Ashok Jindal     The appellant is in appeal against the impugned order wherein the lower appellate authority has observed that the submissions of the appellant regarding best judgement assessment do not stand as this method can be adopted when figures of actual expenditure are not available and holding that when the records for actual expenditure were availab....

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....993 but the assessment could not be finalised by the adjudicating authority till 2001. During 1994, the appellant has stopped manufacturing the tooth paste and closed the factory and sold out.  In 2001 the appellant received the notice for final assessment. As the factory was already closed,  the appellant asked the adjudicating authority to finalise the assessable value on the basis of ....

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....cating authority. The findings of the lower appellate authority are totally misconceived; therefore, the impugned order is to be set aside. He further submitted that if the data is available with the department, they might have finalised the assessment on the basis of that data. 4. On the other hand the learned DR submitted that the appellant is entitled to claim rebate on the basis of documen....

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....d out and they have no records and sought best judgement assessment by the adjudicating authority. Therefore, the adjudicating authority had finalised the assessment on the basis of best judgement assessment as confessed by the Rule 173(I) of Central Excise Rules, 1944. The reliance placed by the learned DR does not stand with the facts of this case.  In fact, in both the cases relied upon&nb....