2011 (2) TMI 265

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....Order per : Akil Kureshi, J. (Oral)]. - Assessee has challenged the judgment dated 8th October 2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zone Bench, Ahmedabad [hereinafter referred to as, "the Tribunal"] confirming the duty and penalty demanded by the Assessing Officer which was confirmed by the appellate authority. Counsel for the appellant submitted that proper....

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....d that he is not able to show that the value at which the goods were being sold to M/s. Deepesh Trading Company was the value at which the same goods were being sold by M/s. Kwality Tubes Industries to other independent whole-sale buyers. He also admitted that Proprietor of M/s. Kwality Tubes Industries being the partner of M/s. Deepesh Trading Company and other partners being close family members....

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....roi receipts, Revenue entertained a view that the said goods were removed clandestinely. Accordingly, investigations were conducted and statement of proprietor of M/s. Kwality Tubes Industries were recorded, wherein he admitted having cleared the goods without payment of duty. The said statement does not stand retracted by the proprietor. As such, we find that there is enough material reflecting u....