2013 (9) TMI 22

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....ri Harishikesh, Advocate For the Respondent: Shri N. Pathak, DR JUDGEMENT Per Archana Wadhwa: Both the appeals are being disposed of by a common order as they arise out of the same impugned order of the lower authorities vide which he has confirmed the duty against M/s. J.V. Strips Ltd. along with confirmation of interest and imposition of penalty. In addition, separate penalty of Rs.5....

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....uty of Rs.1,37,684/- was raised and confirmed by the lower authorities. 3. Second demand of Rs.1,80,866/- stands raised and confirmed in respect of the debit notes raised by the appellants to their buyers on account of escalation of price of their final products. Ld. Advocate is not disputing the confirmation of said demand inasmuch as an assessee is admittedly liable to pay on the escalated as....

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....f Commissioner of Central Excise Vs. Ispat Industries Ltd reported in 2012 (275) ELT 235 (Tribunal-Mumbai). As such, we set aside the confirmation of demand of duty to the extent of Rs.1,37,684/- along with setting aside of confirmation of interest and imposition of penalty on the said ground. 5. As regards the appeal by Shri Anand Bindal, Director of the company, we find no justification for i....