2013 (8) TMI 121

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.... JUDGMENT (Per : Honourable Mr. Justice V. M. Sahai) 1. We have heard learned senior counsel Mr. Deven Parikh assisted by Mr. Mukesh Vaidya, learned counsel and Mr. A.Y. Kogje for the respective parties. 2. With the consent of the parties to the matter, we have taken it up for final disposal. 3 In case of M/s. Supreme Glazes Private Ltd. in which the Tribunal has directed to deposit ab....

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....he sides and perused the records. 3. The issue involved is regarding demand of duty on the appellant on the ground of under valuation of finished goods 'Frit' and clandestine removal thereof. The demand is also on the ground that the appellant exceeded the SSI exemption limit of Rs.4 crores, subject to addition of confirmation of demand in respect of under-valuation and clandestine removal. Ld.....

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.... valuation, it is submitted that the revenue worked out cost price and sale price during relevant period of said product and that there was no evidence. Ld. Counsel, is relying upon the decision of this Tribunal in the case of Vishwa Traders & Others Vs. CCE Vadodara - Order No.A/1846-1851/WZB/AHD/2011 dtd. 01.11.11, wherein the issue was considered by this bench. 4. Ld.A.R. for the revenue rei....

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....ort compliance on 16.02.2012. Subject to compliance being reported, pre-deposit of balance amounts involved is waived and recovery thereof stayed till the disposal of appeals." 4. Having heard learned counsel for the parties, we are of the considered opinion that in the case of M/s. Supreme Glazes Private Ltd., the CCE has demanded about 8% of the total duty liability, whereas the CCE has deman....