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2016 (4) TMI 725 - CESTAT AHMEDABAD

2016 (4) TMI 725 - CESTAT AHMEDABAD - TMI - Applicability - extended period of limitation - goods cleared to sister concern on payment of duty - on assessable value of goods determined taking into consideration the average rate of the goods sold - no suppression of facts - Held that:- as per this Tribunal's order in their own case and on the very same issue reported in [2015 (12) TMI 1098 - CESTAT AHMEDABAD], there is not intent to evade payment of duty. Also there is no material available on re .....

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r : Shri Gunjan Shah, Chartered Accountant For the Respondent : Shri Alok Srivastava, Authorised Representative ORDER PER : DR D.M. MISRA, This appeal is filed against OIO No. 02/Demand/Daman/2007 dtd 16.1.2007 passed by the Commissioner of Central Excise and Customs, Daman. 2. The brief facts of the case are that the appellant are manufacturer of Chemicals falling under Chapter 28 and 29 of CETA,1985. During the relevant period they had cleared manufactured goods to their sister unit at an aver .....

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ing, the assessable value was recalculated and accordingly demand was reduced from ₹ 83,31,781 to ₹ 7,48,854/-. Also, penalty of equal amount was imposed under Rule 25 of Central Excise Rules,2002 besides direction for recovery of interest. Hence, the present appeal. 3. The Ld Advocate for the appellants submits that this Tribunal while deciding their Appeal on the same issue for the subsequent period, that is, 1.4.2005 to 30.6.2005 observed that there is no material establishing sup .....

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