2023 (6) TMI 784 - SCH - Central Excise

Valuation - intent to evade payment of duty - whether the goods sold to a related party or a sister concern should have been computed on cost of production basis which was not undertaken by the appellant herein? - it was held by HC 2022 (4) TMI 731 - MEGHALAYA HIGH COURT that The Tribunal found that the assessee had indulged in under-valuation as per its convenience, to short pay the duty amount which has not been rebutted by submitting the prices charged to independent parties - HELD THAT - Having perused the material placed on record, there are no reason to entertain this petition under Article 136 of the Constitution of India - petition seeking special leave to appeal is, accordingly, dismissed. Waiver of penalty - revenue neutrality - no suppression of facts - notification dated 27.03.2008 - HC 2019 (4) TMI 1346 - MEGHALAYA HIGH COURT held that It is clear that the duty is chargeable but it is 100% refundable, the question of intention to evade payment of duty pales into insignificance. But where the duty charged is not 100% refundable, then any act of concealment, misstatement or suppression of facts will give rise to the intention to evade payment of duty - HELD THAT - The appeal is dismissed on the ground of delay as also on merits in terms of the signed order.

Summary

The Supreme Court dismissed the petition seeking special leave to appeal under Article 136 of the Constitution of India as no reason was found to entertain it. The appeal was dismissed on the ground of delay and on merits.