TaxTMI 
TaxTMI 
2019 (12) TMI 330
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....nil Choudhary, Deputy Commissioner (AR) for the respondent ORDER PER: C J MATHEW This appeal of M/s Vishnu Dyeing & Printing Works, against M-V/RKS/49-51/2011 dated 15th July 2011 of Commissioner of Central Excise (Appeals), Mumbai - I, pertains to the confirmation of demand of Rs. 6,79,169/- on 'processed fabrics' cleared by them in 1997 and upto May 1998 for having mis-declared the value of t....
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....ed by the decision of the Larger Bench in Commissioner of Central Excise, Jaipur v. Bhilwara Processors Ltd [2002(146) ELT 455 (Tri.-LB)] wherein it was held that '6. In Sangam Processors it is seen from the statement of facts in para 1 that the traders, namely, Sangam India Ltd. & M/s. Sangam Suitings were declaring the value of grey fabrics sent to Sangam Processors (Bhilwara). But in paragrap....
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....h a view would lead to undervaluation of the grey fabric and as a result the processed fabric. A job worker cannot escape the liability to pay duty on correct valuation of the grey fabric in view of the undertaking given by them under Notification No. 27/92-C.E. (N.T.). We are, therefore, of the view that the Commissioner (Appeals) has erred in allowing the appeal only for the reason that the Reve....
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....isions by the ld. Advocate. We find that the ld. Advocate is correct in placing reliance in the case of Jaiprakash Industries Ltd. [2002 (146) ELT 481 (S.C.)] for the proposition that extended period cannot be invoked, where there is a bona fide belief. His submission that having filed the price declaration based upon the declaration given to them by the merchants/traders and also annexed the same....