TMI Blog2012 (11) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... n pursuing the present appeals. Since the appellant has failed to do so, the inevitably result of such failure is the dismissal of these appeals. - Decided against the assessee. - CIVIL APPEAL NO. 1466 OF 2011 And 1468-1469 OF 2011 - - - Dated:- 27-8-2012 - T.S. Thakur And Fakkir Mohamed Ibrahim Kalifulla, JJ. ORDER By our order dated 25.04.2011, we had directed issue of no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the appellant was a penalty of Rs.2.74 lakhs, which the appellant has already deposited. A reading of para 34.7 of the order passed by the CESTAT would show that the CESTAT has relying upon the decision of this Court in New Horizons Ltd. and Anr. vs. Union of India and Others, 1995 (1) SCC 478, found that GTC had gained at the cost of Revenue who was controlling KCPL and JKCL from the st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bterfuge to it is caused inside corporate veil. We have noticed that GTC was controlling KCPL and JKCL beginning from manufacture till marketing of the goods. Such finding alone was enough to hold that GTC had gained at the cost of Revenue controlling the MRP and realised sale proceeds over and above the MRP declared." In the light of the above and in view of the order passed by us on 25.04. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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