TaxTMI 
TaxTMI 
2011 (3) TMI 1176
X X X X Extracts X X X X
X X X X Extracts X X X X
....nbsp; 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 available and, therefore, the best judgement asse....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d 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 best judgement assessment as no records were....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pellate 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 documents, otherwise they are not entitled for any reba....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ement 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 by the learned DR (supra), the assessable value....