2012 (6) TMI 695

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....bsp; Heard both sides. Shri M.Saravanan, learned consultant appearing for both the appellants states that, in this case, M/s.Pioneer Processing is the processing house which gets fabrics from various manufacturers and dealers including M/s.Ashoka Distributors for processing. Whatever price is declared by such manufacturers and dealers, M/s.Pioneer Processing have adopted the same for computing ....

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.... been proved as M/s.Pioneer Processing accepted the value given by M/s.Ashoka Distributors as also similar values given by other manufacturers and dealers. There is also no case of wilful misstatement or suppression and M/s.Pioneer Processing is agreeing to pay differential duty on the basis of average value calculated by the department. Under the circumstances, the denial clause in the impugned N....

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....ould be unfair to deny the deemed credit totally, applying the denial clause in the impugned notification which is meant for cases where a case of fraud, collusion etc. is established. It also does not appeal to logic that a manufacturer would indulge in suppressing the value to get a duty benefit of Rs.1,21,422/- risking to forego the credit of Rs.1,63,665/-. Accordingly, while upholding the duty....