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TMI Blog2004 (6) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... he factory gate at a lower value in the name of fictitious and non-existent firms while goods were actually being cleared at godown Bhiwandi (Maharashtra), from where they are subsequently being sold through brokers to actual buyers at higher value, search was conducted by officers in the godown at Bhiwandi where PTY cleared from Daman, Silvassa units of the assessees was stored and also the premises of the Transporters, and records were seized. Show cause notices were thereafter issued alleging that the assessees have issued invoices to show that the sale had been effected at the factory gate whereas sales were actually effected from godown and warehouses of the transporters at Bhiwandi and that the sale price shown in the invoice did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ropped the charges raised in the show cause notices; hence these appeals from the Revenue. 4. Although, the ld. DR requested for an adjournment on the ground that he needed some more time to study the case which involves heavy amounts, we do not accede to the request as it is brought to our notice by the ld. Counsel for the respondents that the issue in dispute stands covered by the earlier orders of the Tribunal and hence proceeded to hear both sides and perused the records. 5. The show cause notices seek to apply the provisions of Sec. 4(1)(b) and Rule 7 of the Central Excise Valuation Rules, 1975 as the normal price of PTY sold by them is not ascertainable. Section 4(1)(a) as it stood during the relevant period defines the price of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notices raising identical grounds were issued, the Tribunal has held that the allegation of undervaluation fails and that demand on that basis is un-sustainable, in the case of Beekaylon Synthetics v. CCE, Surat/Mumbai [2003 (158) E.L.T. 307], the Tribunal has held as under :- "In the light of the above authorities, we hold that bank statement by itself cannot be the basis for holding that there was undervaluation. It is relevant to note that the Commissioner held that although this is a case of alleged undervaluation, there is absolutely no whisper of any evidence of flow back of additional consideration from the buyer to the manufacturer, either directly or through any channel".....The Commissioner has further held that the burden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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