2018 (11) TMI 615

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.... for Appellant Shri A.B. Kulgod, Asstt. Commr. (A.R) for respondent ORDER Per: Dr. D.M. Misra These two appeals are filed against respective orders in appeals, since common issues are involved, therefore, the appeals are taken up together for disposal. 2. Briefly stated the facts of the case are that the appellant had been engaged in the manufacture of excisable goods, namely, Nuts ....

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....artment that in the balance sheet for the financial year ending 31.3.2005, values of the stock of work-in-progress goods was shown higher in comparison to the value reflected in their ER-1 Returns cleared as waste and scrap. Consequently, alleging that the goods sold by them at the time of sale of the unit was undervalued demand notices were issued for recovery of the differential duty of Rs. 2,33....

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....ny basis, accordingly, unsustainable in law. Further, the Ld. Advocate has submitted that after rejection of the transaction value, the relevant Rule under which department proposed to determine the value the goods has not been spelt out. Therefore, confirmation of differential duty invoking the extended period of limitation, is bad in law. 4. Ld. AR for the Revenue reiterates the findings of t....