2013 (5) TMI 569

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....adhwa: After hearing both the sides, we find that the appellant is engaged in the manufacture of UPS system, inverter and transformers falling under Chapter 85 of the Schedule to the Central Excise Tariff Act, 1985. Their factory was visited by the officers on 3.2.2001 who conducted various checks and verifications and found that the said gods were being cleared by the appellant from their fact....

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....is not disputing the above confirmation of demand, we uphold the same but remand the matter to the original adjudicating authority for re-quantification of duty after extending the benefit of cum duty price. The penalty amount on the above count would also be decided by him afresh and the applicability of proviso under Section 11AC would be examined. 4. An amount of Rs.12,89,852/- stands confir....