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2017 (2) TMI 189 - CESTAT MUMBAIUnder-valuation - Penalty - Rule 173 C (11) of erstwhile CER, 1944 - The demand was confirmed by taking the highest price of one of the buyer and that price was applied in all the cases - Held that: - On going through the sample invoices shown by the learned Counsel, we observed that every machine has different specifications and there are clear variation in all the machines supplied by the appellant. It is also observed that there is no case of the Revenue that by undervaluing the goods, the appellants have recovered some extra consideration towards the sale of the various sub-assembly of the injection moulding machine - Appeal allowed - decided in favor of the assessee.
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