2005 (1) TMI 555

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.... the Appellant. Shri K.K. Srivastava, JDR, for the Respondent. [Order per : Moheb Ali M., Member (T)]. -  The appellant is a 100% EOU licensed to manufacture Polyester Texturised Yarn. The allegation is that the appellant grossly undervalued Polyester Texturised Yarn while clearing it DTA in order to evade duty on such clearances. The value declared in the invoices for goods cleared ....

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....fied by the Department, and the officers were fully aware of the prices at which goods were sold in DTA and to other EOUs. 5. After hearing both sides and perusing the records we observe that the Department made out a case of undervaluation only on the basis of invoices and CT-3 filed by the appellant during the relevant period. The documents relied upon by the Department clearly establish....