2009 (1) TMI 248

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ocate, for the Appellant. Shri N.A. Sayeed, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)].- The appellants are engaged in the processing of the fabrics on job work basis. The assessable value of the fabrics is being adopted by the appellants in terms of the formula laid down by the Hon'ble Supreme Court in the case of Ujagar Prints [1989 (39) E.L.T. 493 (S.C.)]. For the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tation and in the absence of any evidence to show that the appellants had connived with the merchant-manufacturer in resorting to undervaluation, interest under Section 11AB should not be confirmed against them and penalty should not be imposed upon them. 4. After appreciation of the submissions made by both the sides we find that the period in the present appeal is from 1999 to March, 2000 whe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd that the Tribunal in the case of Nikharka Dyg. & Ptg. v. Commissioner of Central Excise, Surat reported in 2006 (193) E.L.T. 307 has held that the processors going by signed declaration of trader who supplied raw material, which was as per commercial practice of trade, processor cannot be held guilty of any suppression. Such undervaluation was detected by the Revenue authorities subsequently on....