2017 (11) TMI 228

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ram - For the Appellant Shri N Jagadish, AR -  For the Respondent   ORDER Per : M.V.Ravindran These two appeals are directed against Order-in-Appeal No. 16/2009 dated 18/09/2009,  Appeal No.E/454/2009 is filed by the assessee and Appeal No.E/484/2009 is filed by the revenue. 2.  Appellant is aggrieved by the imposition of penalty by the first adjudicating authori....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ther hand submits that despite holding that there is undervaluation by invoking extended period and appellant had incorrectly discharged the Central Excise duty by not including various costs in the cost accounting certificate, had contravened with an intent to evade duty as well as penalty which also needs to be imposed; the first appellate authority has erred in setting aside the penalty imposed....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....44 and the Rules thereunder. I agree with  findings of the first appellant authority in the facts of this case as it is undisputed that the valuation of the products cleared to their sister concern at Goa was incorrect and there was under valuation.  The under valuation is one of the contraventions of the provisions of Central Excise Act, 1944 and the Rules made thereunder.  Hence, ....