Commissioner Of Central Excise, ... vs Itc Ltd. on 13 September, 2001
2. Shri Haren Gandhi, Manager Indirect-Taxation of the appellant company appeared before us and submitted that for the period January, 1992 to December, 1995, a show-cause notice was issued to them on the identical issue of undervaluation of their captively consumed goods and vide Order No. 2012 & 2013 of 2005 dated 6.10.2005, the Bangalore Bench of this Tribunal has held that addition of notional profit of 10% is good enough. Therefore, the decision of the Tribunal in the appellants own case for the earlier period on the same issue is to be followed. He also submitted that they have not received any notice or any information that the department has filed any appeal against that order. As the said order was passed in the year 2005, the decision has attained finality. He further relied on the decision of the apex Court in the case of Commissioner of Central Excise, Chennai-I Vs. ITC Ltd. reported in 2006 (204) ELT 363 (SC). Therefore, he submitted that the impugned order be set aside and appeal be allowed. He also brought to our knowledge that the appellants have paid differential duty and passed on the credit to their sister unit, which has taken the credit of the same. So at this stage they are not contesting the duty levied but are contesting that no interest may be demanded.