2006 (3) TMI 33

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n the assessable value of the final products cleared by the appellants to M/s. Madura Coats Ltd. (b) Duty payable on interest on the advance given by M/s. Madura Coats Ltd to the appellants. (c) Differential duty payable on the alleged gain of Rs. 60,24,064/- said to have been obtained by the appellants pursuant to sale to M/ s. Madura Coats Ltd. of finished products manufactured out of yarn/thread received free from M/s. Madura Coats Ltd. (d) Duty payable on Modvat availed and utilised by the appellants for allegedly paid back to M/s. Madura Coats Ltd. 3. The appellant is engaged in the manufacturing of various types of threads on job work basis for M/s. Madura Coats Ltd. The adjudicating authority dropped the demands in respec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d submitted price declaration of the Department furnishing all the necessary details. Balance sheets being public documents, the allegation of suppression cannot be made in respect of figures obtained from the balance sheets. He relied on the following case laws:- (a) CCE, Jamshedpur vs. Dabur (India) Ltd., 2005 (67) RLT 570 SC)=2005 (182) ELT 308 (SC)  (1,) Hindalco Industries Ltd. vs. CCE, Allahabad, 2003 (161) ELT 346 (Tri.-Del.) (c) Kirloskar Oil Engines Ltd. vs. CCE, Nasik, 2005 (67) RLT 729 (CESTAT-Mum.)=2004 (178) ELT 998 (Tri Mumbai) For the period from April 1999 to December 1999, show cause notice issued questioning the valuation adopted by the appellant's Company and subsequently proceedings were dropped vide Ord....