TMI Blog2011 (3) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... operty may not have been any relevance in so far as insurance of goods sold during transaction is concerned. It would therefore not be lawful to draw an inference of retention of ownership in the property sold by the seller merely by reason of the fact that the seller had insured such goods during transit to buyer - Decided in favor of the assessee - E/3359/03 - - - Dated:- 9-3-2011 - Mr. Ash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (CESTAT) and in Prabhat Zarda Factory. Therefore, the penalties were also imposed. The said order was challenged by the respondent before the lower appellate authority and the lower appellate authority set aside the adjudication order therefore the revenue is in appeal. 3. Heard both sides. 4. We find that in this case the main issue is that whether insurance can be sole determination o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in appeal no. E/3026/02 vide order no. C-II/282/WZB/04 dated 2.1.2004 this Tribunal on the same issue after relying on the decision of Associate Strips Ltd. Reported in 2002 (143) ELT 131 (T) which was approved by the Hon'ble apex Court in the case of Escorts JCB (supra) held that demand is not sustainable. Following the said ratio, we also hold that in this case also the demand is not sustainab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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