TaxTMI 
TaxTMI 
2002 (2) TMI 1272
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....ons made in the show cause notices as well as the findings are common in the above orders in respect of the assessees. On hearing both the sides, we find that the appeals themselves could be taken up for disposal together in this single order. Both the sides agreeing, this was done after granting waiver of pre-deposit of duty and penalty indicated against each applicant : Name of the party Duty (in Rs.) Penalty Gupta Cranes & Storage 3,00,000 C.T. Jain 15,00,000 Emtee Poly Yarn 1,27,53,988 1,27,53,988 Lata Polyster Ltd. 51,57,899 51,57,899 R.H. Agarwal 5,00,000 M/s. Sainath Roadways &....
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.... impressed on the delivery orders by the transporters on the directions and at the instance of M/s. EPY. Investigations also showed that M/s. EPY had hypothecated the stock of such yarn with a bank and had filed periodical statements with the bank showing much higher value of such stocks. Statements of the persons concerned of manufacturers, transporters, and brokers were recorded. At the end of the investigations, show cause notices were issued alleging suppression. It was alleged that the prices declared to the Bank by M/s. EPY were comparable with those at which another manufacturer in Silvasa engaged in the same activity of polyester texturised/twisted yarn had sold their goods. The prices declared to the Bank were taken to be the appro....
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....requesting for copies of the documents and the request was repeated in January and February, 2001. In Feb. 2001, in addition to asking for documents not yet supplied, the appellants requested for cross examination of certain persons at the time of personal hearing. Interim reply to the show cause notice was filed on 26-2-2001 which is at the same date as that of the passing of the impugned order which was received by the appellants on 15-3-2001. 6. Shri Viswanathan maintained that in the absence of the documents relied upon, the assessee could not make effective defence. This was brought to the notice of the Commissioner repeatedly. In the face of lack of supply of document also the Commissioner passed the impugned orders. Shri Visw....
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.... in the normal course of business and could not be charged with knowledge of any alleged conspiracy on the part of the manufacturers. 10. Shri Sarkar, D.R. arguing on behalf of Revenue highlighted the aspect of valuation. He submitted that the valuation found to be at par with the prices at which the similar goods were cleared by another manufacturer in the same society. He supports the findings of the Commissioner on other aspects also. 11. We have carefully considered the submissions. The date chart filed by the counsels in each case shows that at no stage, the complete documents relied upon to substantiate the grounds made in the show cause notice were supplied to the assessees. The counsel appearing for the appellants M/....