9911796707
TMI Blog2015 (5) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... uyer company i.e. NGA Steels Pvt. Ltd. But to prove mutuality of interest, causing prejudice to the interest of revenue, the essential ingredient of influence over price of the appellant is absent. Show-cause notice does not speak about the mode of transport resulting in undervaluation. Mere allegation that there was mutuality of interest remained unproved when burden of proof was on Revenue in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant. Duty demand of ₹ 60,86,596/- followed by other consequences of law has been made. Appellant does not dispute the directorship of the partners of this appellant in the buyer company i.e., NGA Steels Pvt. Ltd. According to appellant, 100% of its production even though were supplied to NGA Steels Pvt. Ltd. only, there was no undervaluation. The appellant proved in the submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NGA Steels Pvt. Ltd. There was no evidence led by Revenue in this regard. 3. Revenue on the other hand submits that the partner of the appellant being directors, mutuality of interest cannot be ruled out. Similarly, when the supply of goods was made by own truck of the appellant to NGA Steels Pvt. Ltd., there was undervaluation of the goods to the extent of the freight. Apart from this, CAS4 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In absence of appropriate allegation in the show-cause notice, leading of evidence to rebut CAS4 is inconceivable. Further, the appellant has brought out categorically that the representative transaction value was verifiable from the supply price of different suppliers as stated herein before. There was no inquiry on that count also since adjudication order does not exhibit anything in that regar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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