9911796707
TMI Blog1997 (2) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... act that the so called wholesale dealers neither had the finances of their own and nor did they have any storage capacity, the only obvious conclusion was that this was only a device which was adopted by the appellant with a view to depress the assessable value for the purpose of excise. This is further strengthened by the fact that M/s. Agarcon is only known as the agent of the appellant and the goods were manufactured according to the designs and specifications given by M/s. Agarcon. Therefore, the conclusion which was arrived at by the Tribunal was correct and calls for no interference. Appeal dismissed. - 2533 of 1988 - - - Dated:- 5-2-1997 - S.C. Sen and B.N. Kirpal, JJ. [Order]. - The short question that arises for considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without even taking delivery of the same and were showing the sale of such goods to M/s. Agarcon (India) Ltd." After examining all the facts on record, the Board by the said order directed the adjudicating authority to apply to the Customs, Excise and Gold Control Appellate Tribunal for setting aside the order of the Collector. Pursuant thereto, the matter came to be decided by the Tribunal. 5.Before the Tribunal two preliminary objections were raised by the appellant herein. They are as follows : The Board had not specified the points arising out of the(i) Collector's order-in-original which required determination by the tribunal; and The point made in the Board's order that M/s. Agarcon(ii) functioned as the commission agent of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal concluded that the wholesale price, for the purpose of assessment, should be the price which was paid by M/s. Agarcon. In other words, the Tribunal was of the opinion that the so-called sale which was made to these four firms by the appellant has to be ignored and the correct assessable value would be the price which was being paid by M/s. Agarcon (India) Ltd. 7.Aggrieved by the aforesaid decision, the appellant have filed this appeal. It has been strenuously contended by Mr. S. Ganesh, learned Counsel appearing for the appellant-Company, that there were no reasons whatsoever for the Tribunal going into the question as to whether these four firms were genuine or not. His contention was that the show cause notice which was issued afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant and, therefore, to that extent it did not uphold the contention of the department of treating the sale price of M/s. Agarcon as being the assessable value. It, however, on the basis of the evidence on record and what was stated in the said order, came to the conclusion that the proper assessable value would be the purchase price which was paid by M/s. Agarcon to the said firms. The basis for coming to this conclusion was that these four firms were mere shadows and the transactions through them could not obviously be regarded as the genuine transactions. It is clear that introduction of these four firms was only a device which was adopted, whereby all the fabrics manufactured by the appellant were sold only to M/s. Agarcon w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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