TMI Blog2015 (10) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... hs before the Tribunal. Hon'ble High Court of Karnataka in the case of Commissioner of C.Ex., Bangalore-III Vs Presscom Products - [2011 (3) TMI 726 - KARNATAKA HIGH COURT ] observed that the said circular would be applicable retrospectively. Hence, this appeal filed by the Revenue is liable to be rejected on both the counts. - Decided against Revenue. - Appeal No.E/560/2007-DB - Order No. A/1073 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner (Appeals) set aside the Adjudication order. Hence, the Revenue filed this appeal against the Respondent. 3. After hearing the learned Authorised Representative for the Revenue and on perusal of the records, we find that there is an allegation of undervaluation of the goods on the basis of Panchnama. The Commissioner (Appeals) earlier passed OIA No.RS/196-201/SRT-II/06, dt.26.06.2006 in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansaction of entire disputed period but investigation was neither extended to any of the customers nor statement of any of the customers were recorded to the effect that they paid extra consideration to the Appellants. ii. There is no corroborative evidence available on record about receipt of extra consideration. Further, total deviation has been made from panchnama and statement and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below ₹ 5 lakhs before the Tribunal. Hon'ble High Court of Karnataka in the case of Commissioner of C.Ex., Bangalore-III Vs Presscom Products - 2011 (268) ELT 344 (Kar.) observed that the said circular would be applicable retrospectively. Hence, this appeal filed by the Revenue is liable to be rejected on both the counts. 5. In view of the above discussion, we do not find any reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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