9911796707
TMI Blog2011 (2) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... aluation of goods, but reference can also be made to Rules 5 & 6 of the Rules which gives further power to the Assessing Officer to detect the cases of undervaluation - Imposition of penalty was subsequent to confirmation of the duty demanded - Decided in favour of assessee. - 187 of 2011 - - - Dated:- 28-2-2011 - Akil Kureshi and Sonia Gokani, JJ. REPRESENTED BY : Shri Adil R. Mirza, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in question. 2. From perusal of the orders under challenge, and particularly that of the Tribunal, we find that the entire issue has been examined at length and on the facts, the Tribunal came to the conclusion that the goods were under-valued. The Tribunal concluded these issues against the assessee by observing as follows :- Learned advocate appearing on behalf of the appellants, though ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 5,81,310/- stand confirmed on the ground that Copper pipes/tubes/coils stand cleared by M/s. Kwality Tubes Industries without payment of duty. The said demand is based upon the recovery of octroi receipts from the unit of M/s. Deepesh Trading Company, reflecting upon the movement of the goods. In as much as M/s. Kwality Tubes Industries could not place any corresponding invoice showing cleara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly, the procedure laid down in Rule-4 is not only parameter for ascertaining undervaluation of goods, but reference can also be made to Rules 5 6 of the Rules which gives further power to the Assessing Officer to detect the cases of undervaluation. No case is made out. Tax Appeal stands dismissed. 4. Imposition of penalty was subsequent to confirmation of the duty demanded. Hence, Civil Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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