PADMAVATHY POLY PACKAGES Vs. COMMISSIONER OF CENTRAL

JUDGEMENT

(1.) THIS appeal arises from Order -in -Appeal No. 65/04 CE dated 31.3.2004 by which duty demand of Rs. 27446/ - has been confirmed. The mandatory penalty has been reduced to Rs. 27,446/ - while penalty under 173Q has been set aside. The findings recorded by the Commissioner in para 4 of the order is reproduced herein below.

(2.) THE learned Counsel submits that demands are barred by time as the show cause notice has been issued on 30th April 2002 for the period 1.4.2000 to 31.3.2001. He contended that the appellant has not undervalued the goods, therefore, the transaction value should have been adopted.

(3.) THE learned SDR points out to the order and submit that the Commissioner has granted the benefit of the Notification No. 8/2000 CE and confirmed the duty only for a short period in which there was undervaluation. He further contended that the undervaluation of the goods has been established and hence, larger period is invokable. He prays for sustaining the order.