9911796707
TMI Blog2006 (7) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears from the records that they had purchased 80,000 L.Ms (linear metres) of grey fabrics from M/s. Swastik Corporation Ltd. at a price of Rs. 200/- per LM. M/s. Swastik Corporation Ltd. had purchased the said goods from M/s. Lakshmi Apparels Woven Limited at the same price (Rs. 200/- per LM). Out of the 80,000 LMs of fabrics purchased by the appellants from M/s. Swastik Corporation Ltd., they sold 69,255.90 LMs to some traders in the market (price not known). The remaining quantity of 10,744.10 LMs of grey fabrics were processed and 10,156 LMs of the processed fabrics were sold to M/s. Shiv Sales, Bangalore at a price of Rs. 74.50 per LM (price for sound quantity) and the remaining 588.10 LMs of processed fabrics were sold to Swastik C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he value of the goods erroneously in terms of the Supreme Court s judgment in Ujagar Prints v. UOI [1989 (39) E.L.T. 493 (S.C.)] regardless of the fact that the appellants had sold the goods as owners thereof. According to ld. Counsel, the ratio of the decision in Ujagar Prints (supra) is not applicable to the facts of the case. In this connection, reliance is placed on the apex Court s judgment in the case of CCE, Indore v. S. Kumars Ltd. [2005 (190) E.L.T. 145 (S.C.)]. It is also submitted that there was no requirement, at the material time, for the appellants to file any declaration with the Department under Rule 173C and, therefore, there is no question of misdeclaration. In such circumstances, it was not correct for the lower authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of grey fabrics purchased by the assessee from M/s. Swastik Corporation Ltd., a major portion (69,255.90 LMs) was sold in the market. The appellants have not furnished the price at which this sale was made. By no stretch of imagination can it be supposed that they are not aware of this sale price. If the market conditions are reflected by earlier transactions, the sale of 69,255.90 LMs of grey fabrics by the appellants in the market should also be held to have taken place at a price not below Rs. 200/- per LM. We shall look at the rest of the transactions in this backdrop. It is the appellant s claim that 10,744.10 L.Ms of processed fabrics were sold at the low prices of Rs. 74.50 per L.M and Rs. 59.60 per L.M in the peculiar market condi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y; or (iii) removes such goods for free distribution; or (iv) remove such goods in any other manner which dues not involve sale; or (v) removes goods of the same kind and quality from his factories located in the jurisdiction of different Commissioners of Central Excise or Assistant Commissioners of Central Excise, he shall file, with the proper officer a declaration, in such form and in such manner and at such intervals the Central Board of Excise and Customs or Commissioner of Central Excise may require, declaring the value of the goods under Section 4 of the Act, the duty and other elements constituting the price of such goods along with such other particulars as the Central Board of Excise and Customs or the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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