TMI Blog2008 (10) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 8-10-2008 - Ms. Archana Wadhwa, Shri B.S.V. Murthy, JJ. REPRESENTED BY : Shri Sameer Chitkara, SDR, for the Appellant. Written submission, by the Respondent. [Order per : Archana Wadhwa, Member (J)]. Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. We have heard Shri Sameer Chitkara, learned SDR, appearing for the Revenue. Respondents have filed written submission. 2. As per facts on record, the respondents were manufacturing Carbon Dioxide gas and was clearing the same to independent customers as also to their own unit on stock transfer basis. The assessable value adopted by them in respect of stock transfer was less than the assessable value at which the good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd allowed the appeal. Hence, the present appeal by Revenue. 5. The appellate authority has observed in the impugned order that the assessee have admitted that they paid lesser duty during the relevant period in respect of the goods cleared to their sister unit, but reiterated that the entire issue was revenue neutral, even as the entire duty payable by them was available as credit to their own recipient unit. As such, they submitted that there was no mala fide intention on their part, inasmuch as the entire duty paid by them was available as credit to their own unit and entire situation was revenue neutral. Commissioner (Appeals) observed that though there was suppression of facts on the part of the appellant, not to declare the price at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact itself is not sufficient that such suppression on their part was with an intention to evade payment of duty. When the goods were being cleared to their sister unit, who were availing credit of duty paid at the same time, it is difficult to hold that there was any intention on the part of the assessee to pay less duty, specifically when there is no other evidence on record to reflect upon such intention. Adoption of lower assessable value in respect of clearances to their own unit can be on the bona fide belief that since no margin of profit is to be taken into account at the time of removal, so lower assessable value is to be adopted. There can be other factors also justifying adoption of lower assessable value in the hands of assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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