TMI Blog2008 (8) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... he depot, if the goods go to the consignment agent, one need not bother about the price at which the consignment agent sells them. It is not the case of the Department that as a scheme, the appellants have been removing the goods to their own warehouse and subsequently removing the duty paid excisable goods from the warehouse to the consignment agents. The stock transfer from the warehouse to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ives' and 'Bonded Abrasives'. Revenue proceeded against the appellants on the ground that they are selling the goods from the consignment agents at the higher than that they paid the duties at the time of clearance from the factory. The appellants are manufacturers of the excisable products. They clear the goods from the factory to the depot for being sold from the depot. In certain cases, from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed the demand and also imposed penalty invoking the larger period and alleging suppression of facts. 5. On a very careful consideration of the issue, we find that the impugned order is not based on the correct appreciation of the law. The appellants have stated that they are not sending the goods directly to the consignment agent on stock transfer basis from the factory. The goods are sent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . From the depot, if the goods go to the consignment agent, one need not bother about the price at which the consignment agent sells them. It is not the case of the Department that as a scheme, the appellants have been removing the goods to their own warehouse and subsequently removing the duty paid excisable goods from the warehouse to the consignment agents. The stock transfer from the warehouse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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