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2012 (9) TMI 416 - CESTAT, AHMEDABADDemand of duty, interest and penalty - Valuation – on the basis of seized one document it was alleged that assessee under valued the Texturised yarn which was sold through broker Shri Mahesh Mistry – Held that:- Appellants never cleared goods to M/s. Kala W works and if so, the rate of M/s. Kala W works cannot be applied to work out the differential amount - though the department quoted complete details of sale transaction of entire disputed period, no investigation was extended to any customer that they had made any payment on extra consideration to the appellant - no corroborative evidence available on record about the receipt of any extra consideration - Demand of duty, interest and penalty set aside
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