9911796707
TMI Blog2001 (8) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... 1996 by which the Commissioner has dropped the demands raised in the show cause notice to an extent of Rs. 7.30 lacs under proviso of Section 11A(1) of the Central Excises Act. The allegation made in the show cause notice was that the assessee had wilfully suppressed the fact of receipt of extra money consideration of Rs. 29.20 lacs and thus evaded payments of duty in terms of various Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n instalments on or before 15-9-1993. The paras 8 to 10 of original order are extracted below : "8. On merit, in the case of Fresh Springs [1991 E.L.T. 333 (T)], the Tribunal has held that compensation for non-performance may be an income or profit but cannot be treated as the price for the goods. In this regard they relied upon the decision of the Apex Court in the case of Indian Oxygen [1998 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to a particular quantity of the magnetos to how much was the additional consideration on each magneto. 10. In view of the above, there is no case for treating the amount of Rs. 29.20 as additional consideration on the magnetos supplied by Hawk to TVS. Since Hawk did not suppress any material information from the Department, there is no case for invocation of proviso to Section 11A(1) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Central Excise, in 1988 (36) E.L.T. 730 (S.C.). We do not find any other citations placed by the revenue to discharge their burden against the Commissioner's findings. The finding has been correctly arrived at and there is no reason to differ from the same. Further the judgments cited have been correctly followed. There is no merit in this appeal and hence the same is rejected. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
