2017 (5) TMI 502

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.... Per : Devender Singh The appellant is in appeal against the impugned order. 2.  The brief facts of the case are that the appellant imported various capital goods such as dies, moulds etc. during 1994-1995 on payment of concessional customs duty and nil countervailing duty (CVD) under Export Promotion Capital Goods (EPCG) Scheme. The appellant gave these capital goods on free-of-cost b....

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....d to be amortized by such vendors in the assessable value of the components, which had been manufactured using the impuged capital goods. When the above discrepancy was pointed out by the Department, these vendors made deposit of duty involved on the differential value of capital goods. After deposit of the differential duty, these vendors issued supplementary invoices in favour of the appellant. ....

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....was suppression of facts on the part of vendors as they never amortized the additional cost of capital goods. He informed that the Department initiated the investigation against the five vendors namely M/s Bright Brothers, M/s Sun Vaccum Formers, M/s Supreme Industries, M/s Mark Auto Industries and M/s Ranee Industries. The Ld. Advocate further submits that the proceedings against the vendors have....

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....7 (Punjab & Haryana High Court).    4.  The Ld. AR reiterated the findings in the Order-In-Appeal. 5.  I find that the Commissioner (Appeals) had upheld the demand and penalty on the premise that these was suppression on the part of vendors as they never amortized the additional cost of capital goods on their own. However, in the judgments cited above, it has come out cle....