2012 (6) TMI 695

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..... on of penalty under Rule 57I is not appropriate – Held that:- Since the appellants are willing to accept the differential value and make duty payment accordingly in such a case, it would be unfair to deny the deemed credit totally, applying the denial clause in the impugned notification which is meant for cases where a case of fraud, collusion etc. is established - No willful misstatement or suppr .....

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..... e department has raised the question regarding the value which appeared to be low and average value suggested by the department has been accepted by M/s.Pioneer Processing and as such, there is no challenge to the differential duty demanded on that basis. He states that differential duty on this count comes to Rs.1,21,422/- against which the appellants are not pressing the appeal. However, he stro .....

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..... at he is not pressing the appeal in respect of the differential duty demand as also other penalties imposed on both the appellants. 2. Heard the ld. DR who supports the impugned orders. 3. I have heard both sides and considered the case records. This is not a case where fraud, collusion etc. has been established. The department has also not established misstatement or suppression of value per se .....

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