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2017 (2) TMI 360 - AT - Central ExciseNatural justice - mis-declaration of value - grey fabrics - no evidence of the said allegation has been given by the Revenue to the appellants despite specific request for the same - imposition of penalty - Held that: - in absence of any invoice-wise correlation between the purchase price of the grey fabrics and the value adopted for the purpose of Central Excise cannot be accepted. The statement given by the merchant manufacturer was changed during the cross examination. The Revenue could have countered that retraction by producing some records. However, Revenue has not done the same and, therefore, failed to substantiate the evidence relied upon in the show-cause notice - penalty set aside - appeal allowed - decided in favor of appellant.
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