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2009 (3) TMI 431 - AT - Central ExciseUndervaluing the goods- The assessee are the manufacturers of Plywood and Plywood goods, which are excisable commodities. The Director-General of Central Excise Intelligence carried out certain investigations in October, 2002. Very elaborate investigations had been carried out and on the basis of the investigations, prima facie, it was found that the assessee had been undervaluing the goods cleared by them. The gist of the allegation is that the assessee pays duty only on 1/3 rd of the actual value of the goods sold by them. The commissioner, in the impugned order has held that the goods seized are liable for confiscation. Held that- confirm the findings of the commissioner, we confirm the findings of the Commissioner that the dealers are liable for penalty under Rule 209A of the erstwhile Central Excise Rules, 1944/Rule 26 of the erstwhile Central Excise (No. 2) Rules, 2001/Rule 26 of the Central Excise Rules, 2002. The confiscation and redemption fine is also upheld, as the Commissioner has justified them.As regards the Revenue’s appeal, we are of the view that it would not be correct to confirm the entire demand as such on the basis of overwhelming probability. Even taking into account the submission of the assessees, we have ordered re-computation of the duty liability for the two periods viz. (i) before 1-7-2000 and (ii) after 1-7-2000 in accordance with Section 4 prevailing during the said period. Therefore, we partially allow the Revenue’s appeal in terms of the remand directions.
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