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2011 (1) TMI 992 - AT - Central ExciseUndervaluation of processed fabrics by suppressing the actual value of the grey fabrics with intention to reduce the assessable value of the fabrics processed and finished, thereby evading duty - Duty demand, interest and penalty of equivalent amount - Held that:- In the case of Lajya Dyeing & Bleaching Works (2008 (2) TMI 41 - SUPREME COURT) held that for the misdeclaration of the merchant manufacturers extended period is not invocable in the absence of allegation or finding that assessee job worker knew or deliberately failed to declare the correct cost of grey fabrics and there is no legal requirement for the processors to verify the correctness of the declaration furnished by the owners, in the absence of evidence showing misdeclaration of value by the respondent processor in connivance with the supplier, the job worker/processor cannot be saddled with the demand on the ground that the value declared by them was low. The ratio of these judgements squarely apply to the facts of the present case, order of the lower appellate authority set aside and allow the appeal of assessee.
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