2015 (5) TMI 332

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....JJ. For the Appellant : Mr J Shankar Raman, Adv. For the Respondent : Mr M Rammohan Rao, DC (AR) ORDER Per: D N Panda: Learned counsel submits that Revenue has made allegation of undervaluation because of partners of the appellant are directors in NGA Steels Pvt. Ltd. who was the buyer of the entire product manufactured by the appellant. Duty demand of Rs. 60,86,596/- followed by ot....

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....a ground to hold that there was undervaluation of the assessable goods since no transport cost is dutiable. Similarly, by mere directorship of the partners in the buyer company does not establish mutuality. Also there was no flow back of fund from either party to the other nor any control over the price of the appellant was made by NGA Steels Pvt. Ltd. There was no evidence led by Revenue in this ....

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.... transport resulting in undervaluation (Ref. para 12). Mere allegation that there was mutuality of interest remained unproved when burden of proof was on Revenue in this regard. 6. The CAS4 does not exhibit in the show-cause notice under para 5 thereof as to the manner how the appellant undervalued the goods to lead its defence. In absence of appropriate allegation in the show-cause notice, lea....