2007 (10) TMI 158

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....alasundaram, Vice-President].- We have heard Ld. DR and perused the records of the above appeal.  None appeared for the respondents inspite of notice. 2. Brief facts of the case are that the respondents (proprietary concern of M/s. Yash Steel Pvt. Ltd.) are engaged in the manufacture of various rolled products of Chapter headings No.26 and 72 of Central Excise Tariff Act,1985.  The pr....

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....emand was confirmed and penalty was imposed by the adjudicating authority; the Commissioner (Appeals) in appeal filed by the proprietary concern, set aside the duty demand and penalty and allowed the appeal of the assessee holding as under: "I have carefully gone through the facts on record and written submissions filed by the appellant in appeal memo and find that the Appellant is a proprietar....

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.... Duty leviable thereon as such clearance of ingots was not to third party but infact was an internal transfer and value of ingots is very much included in the value of the final products of the Appellants, accordingly, there should not be a double value addition for the same commodity i.e. ingots.  I agree with the Appellants view that the only correct way to calculate the SSI limits is to su....

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.....  Therefore, since according to the Department both the proprietary concern and the Private Ltd. Co. are one and the same for the reason that the proprietary concern was owned by the Private Ltd. Co., the calculation method adopted by the Deptt. by first taking into account the value of raw-materials cleared by the proprietary concern to the private limited company which is not a separate un....