2004 (5) TMI 452

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..... espondent. [Order per : K.D. Mankar, Member (T)]. The appeal of the appellant is directed against the order passed by the Commissioner of Central Excise, whereby Central Excise duty of Rs. 68,68,868/- has been confirmed against them, with imposition of penalty of equivalent amount. 2. The appellants are engaged in the manufacture of M.S. Pipes of required size for captive consumption i .....

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..... the pipes cleared from the premises of the respective contractors. The Commissioner had observed that in terms of the findings of the audit reports, testing charges, conversion charges, administrative expenses incurred by the appellants were required to be added to determine the assessable value. The Commissioner also added a notional profit. The appellants have pleaded that M/s. MKVDC (Maharasht .....

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..... le and only captive consumption, it was incumbent on the appellants to declare all the details of expenses inclined in relation to the activity of manufacture. Failure to do so does amount to misstatement/suppression etc. If a similar act was to be noticed in the case of an assessee who is not a Government agency, the same set of circumstances would lead to the conclusion of evasion. Therefore, on .....

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