Confirmation of duty demand unjustified in absence of any loss of revenue

Ozone Pharmaceuticals Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) CESTAT Kolkata held that confirmation of demand of duty unjustified if in the totality of the facts and circumstances of the case, no actual loss has been caused to the revenue. Thus, duty demand set aside in absence of any loss of revenue. Facts- M/s. Ozone Pharmaceuticals Limited as well as M/s Ozone Ayurvedics are engaged in manufacturing of medicines falling under sub heading 3003 10 of the 1st Schedule to the Central Excise Tariff Act, 1985. The appellant contested that the intent with which...