9911796707
TMI Blog2015 (12) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... sence of malafide on the part of the assessee. Admittedly the assessee has been able to establish the transfer of the item from one unit to their new premises to the extent of around 94%. The balance 6%, for which they were not able to show any documentary evidence was some minor items and cannot be held to be attributable to any malafide. As such we fully agree with the Commissioner that this act does not call for higher imposition of penalty. Commissioner has observed that the assessee has not been able to establish proof of having utilized the goods for the intended purpose and therefore the question of allowing depreciation on such bonded goods does not arise. - For the period from 2001 to 2005, the same were being used by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises and loss of some small items during the process. They were directed to produce the documentary evidence for such shifting and the presence of the goods in the new unit. As per the respondent, they produced all the documents except in respect of few minor items which they could not locate in their new unit, to the extent of around 6%. They admitted that they are unable to find such items which are in the nature of hard disk and various computer accessories and immediately paid the demanded duty of ₹ 47 lakhs (Rupees Forty Seven lakhs) and ₹ 26 lakhs (Rupees Twenty Six lakhs) approximately. 4. On adjudication, Commissioner observed that the respondents could not produce the documents showing movement of the goods from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a clear finding on absence of malafide on the part of the assessee. Admittedly the assessee has been able to establish the transfer of the item from one unit to their new premises to the extent of around 94%. The balance 6%, for which they were not able to show any documentary evidence was some minor items and cannot be held to be attributable to any malafide. As such we fully agree with the Commissioner that this act does not call for higher imposition of penalty. The Revenue's appeal is accordingly rejected. 7. As regards the assessee's appeal, we note that Commissioner has observed that the assessee has not been able to establish proof of having utilized the goods for the intended purpose and therefore the question of allowin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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