TMI Blog2016 (9) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... based on sales tax records, M/s. Gulshan Metal Works has been found to have two manufacturing premises including sharing a part of the machines found installed in the premises of the assessee. We also find that the entire valuation of the goods alleged to have been manufactured and cleared from the assessee's factory with the brand name belonging to M/s. Gulshan Metal Works has been arbitrarily valued on the basis of a price list found during the search at one of the premises. No effort has been made to investigate and ascertain the actual transaction value. The Commissioner (Appeals) has concluded, on the basis of the transaction value claimed by the assessee, that there is no case for demand in-as-much-as the total value is well with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Show Cause Notice dated 08.04.2004 was issued which was finalised by the original authority vide his order dated 30.11.2005 in which demand of duty to the extent of ₹ 36,67,103/- was made against the respondent along with imposition of penalty of an equal amount and charging of interest. Further, a demand of ₹ 33,324/- was also made against M/s. Hind Packers and Traders along with levy of interest and equal penalty. Personal penalties were also imposed to the tune of ₹ 2 lakhs each on various connected individuals. 2. When the original order was challenged before the Commissioner (Appeals), he set aside all the demands against the respondent/assessee. However, he sustained the proceedings against M/s. Hind Packers an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assumption that all goods seized from various premises with the brand name Flyrail Fixwell owned by M/s. Gulshan Metal Works was fully manufactured in the factory of the assessee. He has held that there was no basis for adjudicating authority s conclusion. He has recorded a finding that on the basis of sales tax registration documents of M/s. Gulshan Metal Works, it is on record that they have one manufacturing unit at No.473, Lawrence Road, Delhi and another manufacturing premises at 470, Peeragahi Village, Delhi. He has accordingly concluded that the machines found at the premises of the assessee were partly belonging to the assessee as well as partly belonging to M/s. Gulshan Metal Works. Further he has recorded that from Lawrence Roa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished goods with the brand name belonging to M/s. Gulshan Metal Works. We find that no effort has been made by Revenue to establish with documentary evidence, the manufacture of such goods in the assessee s premises. What has been done in the quantification of demand is to simply consider all goods seized from various premises with the brand name belonging to M/s. Gulshan Metal Works as having been manufactured in the assessee s premises. This stands effectively countered by the Commissioner (Appeals) in his findings that based on sales tax records, M/s. Gulshan Metal Works has been found to have two manufacturing premises including sharing a part of the machines found installed in the premises of the assessee. We also find that the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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