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2014 (5) TMI 245 - AT - Central ExciseUnder Valuation - allegation that they were showing only a part of the actual consideration in their invoices and collecting the remaining amount in cash - Held that:- the adjudicating authority has not recorded any acceptable reasoning as to how he came to such a conclusion. - the reasoning given by the adjudicating authority seems to be incongruous in as much as all these dealers from whose premises the price lists were recovered did in the initial stages stated that these are the price lists of the main appellant but on cross-examination, clearly stated that the price lists were their own price lists and not the price lists of the appellant. The adjudicating authority, after examining the records and the statements recorded and the cross-examination, found that the statements which indicated under valuation of the goods were effectively nullified by the cross-examination. The demands confirmed on different ground which was never an allegation in the show cause notice is fatal to the case of Revenue - the demand of duty liability does not survive and is unsustainable, we find no reason for visiting the main appellant as well as all other appellants with penalties. - Decided in favor of assessee.
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