2006 (3) TMI 592

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....ocate, for the Appellant. Shri S.S. Bhagat, SDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. -  The appellants M/s. Electrotherm is engaged in the manufacture of induction heating and hardening equipment and Induction melting furnace and D.C. falling under Chapter 85 of Central Excise Tariff Act, 1985. 2. The officers of Income Tax had booked a case of evasion....

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....m by the Income Tax authorities and submitted other records maintained for the statutory purpose under Central Excise. Based on these records and Income Tax department finding in the assessment order, a show cause notice was issued to appellant alleging under invoicing and consequent evasion of Central Excise duty and sought to demand duty amounting to Rs. 62,78,603/- and seeking to impose a penal....

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....ner (Income Tax). This order they submit was challenged before the Income Tax Appellate Tribunal and the Income Tax Appellate Tribunal has passed a favourable order and directed to delete the addition made on account of under invoicing. It was submitted that the Tribunal of Income Tax is the final fact finding authority. They have brought the decision of Tribunal to the notice of the Commissioner ....