2008 (2) TMI 772

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....Appellant. None, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  The brief facts of the case are that, the respondents herein who are merchant manufacturers, supplied grey fabrics to one M/s. Oceana Textile Mills Pvt. Ltd. to carry out the processing on job work basis and return of the processed fabrics to the respondents. On the basis of intelligence gathere....

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....available for confiscation, no order was passed for the confiscation of the goods. Before the Commissioner (Appeals), the respondents challenged the imposition of penalty on the ground that the provisions of Rule 209A under which penalty was imposed upon them were not attracted as they had no knowledge of reasonable belief that the goods which they were dealing with were undervalued. The plea was ....

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....isputed that the cost of grey fabrics declared was based upon the actual costing of grey fabrics manufactured by the respondents in their own factory. He has also held that it is also not disputed that the quality of the grey fabrics manufactured by the respondents and those purchased by them were the same. He has therefore, held that when the cost of grey fabrics declared by the respondents was o....