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2016 (1) TMI 273 - AT - Central ExciseDuty demand - Under-valuation - Imposition of penalty - Held that:- Commissioner (Appeals) has observed that assessee has informed about the merger of the units, and has submitted periodical returns, clarification and price declarations to the department. After 01/4/2000 the submission of classification and price declaration was dispensed with by the amendment brought forth in Rule 173B and 173C of erstwhile Central Excise Rules. The conclusion of the Commissioner (Appeals) in para 21 of the impugned order is that therefore, after 01/4/2000 the assessee failed to submit price declaration in respect of goods cleared to sister concern and other buyers and have suppressed the facts of comparable value. We are not able to agree with this conclusion arrived by the lower authority. It is seen from records that alongwith the declarations the appellants had enclosed copy of agreement dated 25/10/1999 entered between assessee and sister unit M/s Aksh India Ltd. The goods were supplied as per this agreement and they were filing monthly returns also. Further it is seen that the Hon'ble High Court has granted order of merger with effect from 01/04/2000. In such circumstances, we do not find any evidence to establish conscious with holding of information or suppression of facts on the part of the assessee with intention to evade payment of duty. Therefore the notice issued invoking the extended period is therefore not sustainable. In view thereof, the impugned order is liable to be set aside - Decided in favour assessee.
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