2015 (12) TMI 1098

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....tive For the Respondent : Shri Deepak Kumar, Consultant ORDER Per: P.K. Das Heard both the sides and perused the records. 2. The relevant facts of the case, in brief, are that the Appellants supplied raw material to their sister unit who cleared the goods on payment of duty. The dispute relates to the under-valuation of the goods within inter unit transfer. By the Show Cause Notice dt.05.09.....

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....unsel on behalf of the Respondent relied upon the various decisions including the decision of Hon'ble Gujarat High Court on the identical issue in favour of the Assessee. 4. We find that the Hon'ble Supreme Court in the case of Mahindra & Mahindra (supra) observed that the revenue neutrality would apply depending upon the facts of each case. In the present appeal, it is a case of inter un....

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.... of undervaluation has not been considered by the Tribunal at all. Grievance would have merited acceptance if the ultimate exercise would have benefited the Revenue by collection of duty in the coffers of the exchequer. In the facts of the present case, admittedly no such benefit accrues to the exchequer. In the circumstances, if the Tribunal has chosen not to determine an academic issue, it is no....