2014 (12) TMI 993

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.... Shri Sunil Nawandhar and Nikhil Rngta, Advocates, for the Appellant. Shri Ahibaran, Addl. Commissioner (AR), for the Respondent. ORDER There are three appeals filed by M/s. Ravi Steel Industries, Shri D.G. Agarwal and Shri S.B. Yadav against Order-in-Original No. 03/KKS/2004-2005, dated 4-8-2004 passed by Commissioner of Central Excise, Mumbai-III. 2. Vide the impugned order, th....

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....abrics allegedly manufactured by the appellant and cleared without proper payment of duty and the penalties imposed on them, Revenue is aggrieved of the dropping of duty demand on the 4% notional profit required to be added to the assessable value. 3. The learned Counsel for the appellant submits that as per the statement recorded from the Dyeing Master of the appellant firm, the appellant....

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....elevant for determination of assessable value. Addition of notional profit sought to be made in the present case is not provided for in the law and therefore, the adjudicating authority has correctly concluded that 4% notional profit is not addable to the assessable value. 4. The learned Additional Commissioner (AR) appearing for the Revenue submits that as per trade notice issued by the C....

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....es drawn from Lot No. 12831 and 14954 were opined to be velvet fabrics by SASMIRA. Samples drawn from the same lot No. by the appellant and subjected to test by SASMIRA vide test report dated 10-8-1998 show them to be other than velvet fabrics. These two lot nos. pertained to invoice No. 5854, dated 16-2-1998 whereas in the show cause notice, the invoices referred to thereunder pertains to the per....