2004 (9) TMI 183

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....  [Order per : Jyoti Balasundaram, Vice-President]. - M/s. Kamla Electrodes are engaged in the manufacture of welding electrodes, flux, drawn wire and steel scrap and availing the benefit of small-scale exemption during the period 1995 to 1998. They sell their goods to their customers both in Meerut and customers in other parts of the country. The price for customers in Meerut are somewhat....

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....Rules. It was alleged that the sales to these customers were made at rates lower than the rates for other buyers from whom such deposits had not been taken so larger period of limitation was invoked in the notice. The Additional Commissioner vide order dated 6-12-2000 confirmed the duty demand of Rs. 1,95,733/- and imposed a penalty of equal amount under Section 11AC of the Act as well as a penalt....

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....he Commissioner (Appeals) that other buyers at Meerut are "created ones with well thought out strategy to beguile the adjudicating as well as the appellate authority" is not based on any evidence. Merely because advances/security deposits have been taken from these two customers, no conclusion can be drawn that notional interest forms additional consideration and is to be included in the assessabl....