RAYMOND LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard Both sides.

(2.) This appeal is filed against an order dt. 16/09/04 passed by the Commissioner (Appeals), Customs and Central Excise, Nagpur wherein assessable value of the Quality control samples of fabrics drawn during the year 1998 -99 and for the period 1999 -2000 has been fixed Rs. 69/ - per Mtr. and Rs. 77.25 per meter respectively. The assessable value of trade sample of fabrics during the relevant period Rs. 85/ - per meter and further penalty amount shall be amount equivalent to the differential duty is arrived at as above.

(3.) The appellants M/s. Raymond Ltd., (Denim Divn.), C -1, MIDC Yavatmal, is engaged in the manufacture of 100% of Cotton fabrics and Cotton Yarn falling under Chapter Heading No. 5207.00, 5207.29 and 5205.11 of the Schedule to the Central Excise Tariff Act, 1985. The appellant has also availed the benefit of Modvat Scheme under Rules 57 -A and 57 -Q of the erstwhile Central Excise Rules, 1944.