2014 (5) TMI 207

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....pondent : Shri V.R. Kulkarni, Deputy Commissioner (A.R.) PER : S.S. Kang 1. Heard both sides. 2. The applicant filed this application for waiver of pre-deposit of duty of Rs.31,64,063/-,interest and penalty. The demand is confirmed on the ground that the applicants are undervaluing the goods for the purpose of payment of duty. The applicant were clearing the goods to depot and paying duty....

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....nducting audit and raising the issue of under valuation of goods and the audit was conducted in the year 2006. As the audit raised the objection regarding undervaluation, therefore Revenue was aware of the fact regarding undervaluation and the show cause notice was issued in February 2009 invoking the extended period. In these circumstances the allegation of suppression is not sustainable the dema....

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....dit this issue was raised and applicants had not deposited differential duty. Hence it is a case, where the willful suppression with an intent to evade payment of duty. Therefore, the demand by involving the extended period is rightly been made. 6. We find that applicants cleared the goods at the higher value from the depot than the value at which duty has been paid at the factory gate. In appl....