2001 (10) TMI 113

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....oner, Central Excise, Meerut-I held M/s. T.C. Health Care (P) Ltd. (respondent herein) had mis-declared the assessable value of the products manufactured by it by suppressing the actual price of such products. Hence, it held them as having contravened Rule 9(1), 52A, C, 173F and 173G of the Central Excise Rules and raised a demand for a sum of Rs. 4,57,51, 508.17 (Rupees four crores fifty seven la....

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....ve said rules, he invoked the power vested under Rule 7 of the said rules and made a best of judgment assessment to come to the conclusion what is the value of the mis-declared goods as well as the penalty to be levied. 2. Being aggrieved by the said order, the respondent approached the Customs Excise and Gold (Control) Appellate Tribunal (the 'tribunal') by way of an appeal. The said Tribunal on....

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.... vitiated the finding given by the Commissioner. The Tribunal also independently considered the various other materials available on record and came to the conclusion that the findings of the Commissioner cannot be sustained. Hence, it allowed the appeals and set aside the orders of the Commissioner. 3. In these appeals, on behalf of the Union of India, it is contended that the transactions which....