9911796707
TMI Blog2006 (3) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... SDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. The appellants M/s. Electrotherm is engaged in the manufacture of induction heating and hardening equipment and Induction melting furnace and D.C. falling under Chapter 85 of Central Excise Tariff Act, 1985. 2. The officers of Income Tax had booked a case of evasion of Income Tax against the said unit in December, 1995. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds maintained for the statutory purpose under Central Excise. Based on these records and Income Tax department finding in the assessment order, a show cause notice was issued to appellant alleging under invoicing and consequent evasion of Central Excise duty and sought to demand duty amounting to Rs. 62,78,603/- and seeking to impose a penalty under Rule 173Q besides penalty on the two officers of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Appellate Tribunal and the Income Tax Appellate Tribunal has passed a favourable order and directed to delete the addition made on account of under invoicing. It was submitted that the Tribunal of Income Tax is the final fact finding authority. They have brought the decision of Tribunal to the notice of the Commissioner but he has not commented upon the same in his order-in-original and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We find that this order has been set aside by the Income Tax Tribunal so far it relates to the aspect of under invoicing and even though this order was brought to the notice of the Commissioner by the appellant s letter dated 26-8-1999, the same has not been commented upon by the Commissioner. We, therefore, remand the case back to the Commissioner with a direction that he should consider all the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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