2024 (2) TMI 497

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....perintendent (AR) for the Respondent ORDER This appeal is directed against Order-In-Original No.SUR-001-COM-115-13-14 dated 28.02.2014 whereby the Commissioner has confirmed the demand of excise duty against M/s. Span Nihon Kohden Diagnostics Private Limited, Surat. The demand against the company was confirmed on the ground that the company has under valued the goods and the goods were clear....

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....are not liable for confiscation. Therefore, the penalty on the person appellant under Rule 26 is not maintainable. In support of his submission, he placed reliance on the following judgments: - • Castrol India Ltd v. CCE-2008 (222) ELT 408 (T) • Godrej Boyce & Mfg. Co. v. CCE-2002 (148) ELT 161 (1) • S.K. & Company (P) Ltd. v. CCE-2006 (203) ELT 137 (1) ....

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....CESTAT New Delhi • Siemens Ltd v. CCE 2023 (5) TMI 377-CESTAT Mumbai B.V. Kshatriya v. CGST 2023 (5) TMI 858-CESTAT Mumbai • Dinesh Kanoria v. CCE 2022 (13) TMI 1408-CESTAT Mumbai • Sasthi Charan Banerjee v. CGST 2022 (12) TMI 1437-CESTAT KolkataRamesh Deshpande & Debdutta Chatterjee v. CCE 2021 (7) TMI 1307-CESTAT Mumbai • P.B. Vyas v. CCE 2021 ....

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....ted person. I find that the issue of valuation is based on the strict interpretation of Section 4 of the Central Excise Act and the rules made thereunder. However, the appellant under a belief that since the goods are sold, duty is paid on the transaction value, for the clearance of goods proper invoices were raised, therefore, there is no suppression of fact on the part of the appellant's company....