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2018 (10) TMI 1005 - AT - Central ExciseDemand of Central Excise duty - Income surrendered to the Income Tax Department - Held that:- Tribunal in the case of CCE, LUDHIANA VERSUS THAKUR STEEL & AGRO INDUSTRIES [2018 (5) TMI 1780 - CESTAT CHANDIGARH], examined the issue and held that as Revenue has not come up with any evidence to show that the appellant were engaged in the activity of under valuation and manufacturing of the goods and the case has been made out only on the income surrendered to the Income Tax Department in that circumstances, central excise duty cannot be demanded as Central Excise duty is payable on goods manufactured by the assessee. Admittedly, no evidence has been produced by the Revenue how the goods were manufactured, how the inputs were procured, how the final goods were sold by the appellants - demand not sustainable - penalty also not sustainable. Appeal allowed - decided in favor of appellant.
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