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2012 (8) TMI 4 - CESTAT, MUMBAIDemand of duty and penalty under Section 11AC of the Act - assessee is coming to the assessable value of the goods after taking fabric + job work charges – alleged that merchant manufacturers suppressed the value of grey fabric, which resulted in short payment of duty by the assessee – Held that:- No evidence on record to show that the assessee connived with the merchant manufacturers in suppression of the price of the grey fabric. The differential duty has been paid by the merchant manufacturers as they admitted in their statements that they have suppressed the value of grey fabric. In absence of any evidence that the assessee has connived with the merchant manufacturers in suppression of the price of the grey fabric allegation of suppression with intent to evade duty is not sustainable – In favor of assessee
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