9911796707
TMI Blog2003 (8) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessees from Orders-in-Original No. 50/01, dated 26-11-2001. There is no appeal filed by the Revenue against Order-in-Original No. 50/01. Appeal E/2786/01 is also an appeal at the instance of the assessee directed against Order-in-Original No. 26/01, dated 21-8-2001. There is no appeal by the Revenue against Order-in-Original No. 26/01. E/1711/03 is at the instance of the Revenue challenging Order-in-Original No. 28/01, dated 30-8-2001. The same order is under challenge at the instance of the assessee in E/2788/01-A. E/1610/03 is filed by the Revenue challenging Order-in-Original No. 29/01, dated 31-8-2001. Same order is challenged by the assessee to the extent it is aggrieved by it in Appeal E/2788/01-A. Since issue involved in these case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from godown, warehouses of the transporters at Bhiwandi and that the sale price shown on the invoice did not reflect the correct assessable value since the buyers name figured in the invoice were fictitious. It was further alleged that the sale between the buyer and the seller was finalised and the payments from actual buyers were received through crossed bearer cheques and not through account payee cheques. Sale realisation shown in the sale ledger is from bogus buyers whose names appear in the invoices and not from actual buyers while delivery from godown was given to actual buyers and not to those shown in the invoices. It was then proposed to compute the value on the basis of the bank statements furnished by the manufacturers to the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose of duty calculation and for those months where monthly assessable value as per show cause memo method was in excess of the monthly assessable value on which duty has been paid, the differential value has been taken and differential duty has been calculated. Learned Commissioner took the view that if bank statement has to be taken as representing the market price, it should be so taken in every month. Since show cause memo makes a month wise calculation leading up to differential duty calculation for a financial year, the Commissioner held that proper allowance has to be given for those months where results go in favour of the assessee. The Commissioner also found that demand wrongly included duty on captive consumption and fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not be adopted under Rule 7 of the Valuation Rules. Lastly, it was submitted that in the absence of any evidence that additional consideration has flown from buyers at Bhiwandi in addition to the value declared in the invoice for sale there is no evidence in the case adduced by the Department to show that price received from the buyer was in excess of the invoice value. Assessees submit that the Commissioner had failed to appreciate that admittedly each invoice was for a specific quantity and that specified quantity was delivered to the ultimate buyer and there was no part delivery. Under these circumstances there was no justification for holding that the assessees were guilty of undervaluation. 6. On going through the orders impugned w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Tribunal in Alwyn Industrial Corporation v. CCE - 1988 (33) E.L.T. 376, the Department sought to place reliance on two letters of State Bank of India informing the excise authorities that the appellant had obtained cash credit limit of Rs. 50,000/-, that loan amount was sanctioned for manufacture of electric wires and cables and as per stock statement received from the appellants manufacturing of cable was done by them. The bank had forwarded 12 stock statements submitted by the assessee. The assessee had denied manufacture of wires and cables. The Tribunal took the view that letters received from the bank cannot be relied on to come to the conclusion that the assessee had manufactured wires and cables without any corroborating evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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