2014 (3) TMI 829

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...., for the Assessee. Shri S.R. Meena, AR, for the Department. ORDER Both appeals one filed by assessee and other filed by the Revenue, are being taken together for final disposal as they arise out of the same impugned order of the Commissioner. 2. After hearing both sides, we find that M/s. K.C. Alloys and Castings were engaged in the manufacture of steel ingots and were selling th....

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....plementary invoices and duty so paid by the assessee was availed by the appellant by M/s. Monga Brothers Ltd. They were subsequently issued show cause notice on 29-6-2005 alleging that the cost of production of steel ingots arrived at by the appellant was on the lower side and the same should have been Rs. 12,483.16 per MT instead of Rs. 11,393/- per MT adopted by the appellant. Accordingly, they ....

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....ed penalty of Rs. 80,650/- upon the assessee. 4. Both sides i.e. assessee as also Revenue has challenged the present impugned order before the Tribunal. 5. We find that the appeals can be disposed of on short ground of Revenue neutrality as also on the point of limitation. Admittedly when their factory was visited by the central excise officers and it was pointed out to them that t....

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....inasmuch as the entire exercise Revenue neutral. The reference is made, to this effect to the following decisions :- 1.     C.C.E., Surat v. Indrayani Exports (P) Ltd. - 2011 (272) E.L.T. 410 (Tri.-Ahmd.) 2.     Jay Yuhshin Ltd. v. C.C.E., New Delhi - 2000 (119) E.L.T. 718 (Tri.-LB) 3.     Parle Biscuits Pvt. Ltd. v. C.C.E., Roht....