COMMISSIONER OF CENTRAL Vs. ASHOKA WAFERS (P) LTD.

JUDGEMENT

(1.) THIS appeal arises from Order -in -Appeal No. 22/2004 CE dated 15.3.2004 by which the Commissioner (A) after due consideration of the matter has held that the Revenue has not proved that the clearances made by them were not on commercial invoices and that they had undervalued the goods. The findings recorded by the Commissioner in para 9 - 13 are reproduced herein below.

(2.) THE Revenue contends in this appeal that the finding is not legal and proper. It is contended that the assessee has deliberately undervalued the amounts reflected in the gate passes, delivery challans and that they had not produced the commercial invoices. Their stand was that the Commercial invoices had shown higher value and was available along with the RT 12 returns is not correct and their version has to be disbelieved.

(3.) HEARD learned JCDR and the learned Counsel in the matter.