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TMI Blog2018 (5) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... he market should be established. Without such comparison, the charge of undervaluation cannot be forcefully made - There is no corroboration or even a comparative study to support such allegation even in respect of raw materials. Appeal dismissed - decided against Revenue. - E/506/2003, E/808/2002-DB - Final Order Nos. 21387-21388/2017 - Dated:- 7-8-2017 - Shri S.S Garg, Member (J) and B. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1944 and Rules made thereunder. 1.2 The case was adjudicated by the Commissioner. On appeal by the assessees and others the adjudication order was set aside by the Tribunal vide Final Order Nos. 926-927/2001, dated 16-5-2001. The Tribunal directed the original authority to decide the case afresh as there was an inordinate delay in issuing the adjudication order after the personal hearing. Pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of raw materials, improper accounting and undervaluation of final products. 2. The learned counsel for the respondent submitted that the charges levelled against them in the show cause notice have been factually rebutted by them with proper explanation and documentary evidence which are considered by the original authority before arriving at his decision. To establish a case of undervaluation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcefully made. The Revenue asserted that the price of raw materials was understated. The learned counsel for the respondent submitted that loose slips acknowledged by the gate keeper has formed basis for such allegation. He explained that the raw materials are supplied by the sellers with a quantity and price quoted by them. The same is re-measured by the respondent and the price also is negotiate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the allegations were not duly examined by the original authority. We find no serious factual inaccuracy or legal infirmity in the impugned order. Neither the Revenue could point out such shortcomings in the impugned orders. 5. In view of the above discussion and analysis, we find no merit in the present appeals of the Revenue. Accordingly the same are dismissed. (Order pronounced and dict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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