TaxTMI 
TaxTMI 
2001 (3) TMI 136
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....or violation of various provisions of the Rules were also contemplated in the show cause notice. Appellant raised a contention that during the period mentioned in the show cause notice they did not manufacture or sell any soap stock. They manufactured and sold only Acid Oil. At the intermediate stage of its manufacture soapy water came into existence and the soap water is not marketable commodity. Earlier they manufactured soap stock with concentration varying from 15.98% to 33.16% and those sales were covered by 11 invoices which were submitted to the Department. Thereafter the alleged intermediate product of soap stock was not manufactured and sold. The demand made in the show cause notice is untenable. 2. After considering the entire ev....
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....voices which are mentioned at page 3 of the impugned order. This soap stock so manufactured had fat contents varying from 15.98% to 33.16%. The soap stock with 33.16% of fatty substance covered by Invoice No. 4185, dated 25-6-1996 was sold at Rs. 4,111.84 per unit. 5. On going through the impugned order it is seen that learned Commissioner assessed the entire quantity of soapy water treating it as soap stock. He valued the soapy water fixing its value at 4,111/- per unit as seen from Invoice No. 4185, dated 25-6-1996. In paragraph 35 of the impugned order the Commissioner observed that :- "Therefore, the Waste/Residue containing TFM ranging from 15 to 34%, which has already been sold cannot be said to be as not marketable at a later stage....