KWALITY TUBE INDUSTRIES Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) Assessee has challenged the judgment dated 8th October 2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zone Bench, Ahmedabad [hereinafter referred to as, "the Tribunal"] confirming the duty and penalty demanded by the Assessing Officer which was confirmed by the appellate authority. Counsel for the Appellant submitted that proper procedure was not followed to establish that the goods were under valued. He drew our attention to Rule 4 of the Central Excise (Valuation) Rules, 1975 to contend that the Department had not undertaken any exercise of comparing the value of the goods sold by the Assessee for delivery at the nearest point of time, compared to the sale of the goods in question.

(2.) From perusal of the orders under challenge, and particularly that of the Tribunal, we find that the entire issue has been examined at length and on the facts, the Tribunal came to the conclusion that the goods were under-valued. The Tribunal concluded these issues against the Assessee by observing as follows:

(3.) We do not find any question of law, much less substantial question of law, arising in this Appeal. The Tribunal has taken into account the evidence on record and come to a factual finding, which is not shown to be perverse. Additionally, the procedure laid down in Rule 4 is not only parameter for ascertaining undervaluation of goods, but reference can also be made to Rules 5 & 6 of the Rules which gives further power to the Assessing Officer to detect the cases of undervaluation. No case is made out. Tax Appeal stands dismissed.