TMI Blog2012 (8) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that:- No evidence on record to show that the assessee connived with the merchant manufacturers in suppression of the price of the grey fabric. The differential duty has been paid by the merchant manufacturers as they admitted in their statements that they have suppressed the value of grey fabric. In absence of any evidence that the assessee has connived with the merchant manufacturers in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. 3. Brief facts of the case are that M/s. Shreehari Fabrics Ltd. (hereinafter referred to as the assessee) are processors and getting grey fabric and thereafter processing the same and paying duty as per the principles laid down by the Hon ble Supreme Court in the case of Ujagar Prints vs. UOI 1988 (38) ELT 535 (SC). For paying duty, the assessee is coming to the assessable value of the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard. Therefore the allegation of suppression with intent to evade payment of duty is not sustainable. The assessee relied upon the decision of the Hon ble Supreme Court in the case of CCE, Mumbai vs. Lajya Dyeing Bleaching Works reported in 2008 (224) ELT 345 (SC) whereby in a similar situation, the Hon ble Supreme Court held that allegation of suppression is not sustainable against the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat during investigation, statement of Shri G.J. Sharma, Director of the assessee, was recorded on 9.11.2000 where he stated that they were not aware of the existence of any other real invoice at the time of filing the price declaration in respect of the price of grey fabric. We find that the statements of the merchant manufacturers were also recorded during investigation and there is no evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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