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2017 (6) TMI 750 - CESTAT CHENNAI

2017 (6) TMI 750 - CESTAT CHENNAI - TMI - Valuation - It appeared that the appellants were adopting lesser price than the price at which goods were cleared to consignment agents - Held that: - Admittedly, no documents are available with the assessee - due to insufficiency of the documents, the appellants have not been able to properly defend their case. The differential duty is raised solely only on these documents - it is fit to grant an opportunity to the assessee to establish their contention .....

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or disposal. The appellants and respondents are referred to as assessee and Department for the sake of convenience. 2. The assessees are engaged in the manufacture of polyester/cotton blended yarn and were clearing the said yarn from their factory to their consignment agents situated throughout India. The dispute pertains to the period July 1997 to March 1998. It is the case of the Department that during the relevant period the assessable value to be adopted was the value of the goods cleared to .....

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demand and interest, reduced the penalty to ₹ 7,91,568/-. Assesses are aggrieved by the confirmation of demand, interest and penalty and the Department is aggrieved by the reduction in penalty. Hence, these appeals. 3. On behalf of the appellant, Ld. Counsel, Shri Rabeen Jayaram, submitted that the assessees were not given copies of the documents relied upon by the Department to arrive at the demand of duty raised in the SCN. Though in the SCN in para-10, the Department had offered an opp .....

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ould be liable to pay less duty than that is raised in the SCN. He also submitted that the assesse had requested for the unit to be considered as BIFR and therefore at present no documents are available with the assessee. But, if the documents in the hands of the Revenue are examined, the contention put forward by the assessee that they are liable to pay less amount can be proved. By an Interim Order, the earlier Bench had directed the assessee to inspect the documents at the office of the Reven .....

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agalingam, AC, submitted that the assessees were given all the documents at the relevant time along with the SCN. They were also offered opportunity in the SCN to inspect the documents. In the letter issued by the assessee dated 24.10.2002, it is stated by the assessee that the person attending their excise work had left the unit without any intimation and therefore the SCN itself was recovered by the assessee with much effort. That this would itself show there has been flaw on the part of the a .....

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t the time of clearance to the consignment agents and therefore duty has been rightly raised in the SCN. In addition, he submitted that the Commissioner (Appeals) has erred in reducing the penalty since under Section 11 AC equal penalty has to be imposed. The appellants by adopting a lesser value is guilty of suppression of facts and therefore the SCN issued invoking extended period of limitation is right and proper. 5. We have heard the submissions made by both sides. 6. The main argument put f .....

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