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M/s. Sri Ayyappa Food Industries v/s The Commissioner of Central Excise Hyderabad

    Appeal No. E/941/2006 (Arising out of Order-in-Appeal No. 187/2005 (H-III) CE dated 30.12.2005 passed by the Commissioner of Customs & Central Excise, Hyderabad)

    Decided On, 30 November 2011

    At, Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Bangalore

    By, HONOURABLE MR. P.G. CHACKO
    By, MEMBER (JUDICIAL) & HONOURABLE MR. M. VEERAIYAN
    By, MEMBER (TECHNICAL)

    For the Appellant :None. For the Respondent : Ganesh Haavanur, SDR, for the Revenue.



Judgment Text

M. Veeraiyan

Heard the learned DR. None appears for the appellant in spite of notice.

2. The challenge is to demand of differential duty amounting to Rs. 83,242/- along with interest and imposition of penalty of equal amount under Section 11AC of the Central Excise Act, 1944.

3. The authorities below have held that the appellant has suppressed the value of clearances which should have been based on Section 4A and adopted lower value and thus shown the value of clearances as within Rs. 50,00,000/- duty free limit during the year 1999-2000 while they have crossed the exemption limit. On perusal of the grounds of appeal, we find that no valid reason has been given as to why they were not following the correct valuation in determining the exemption limit. On the other hand, the managing partner has admitted that they were indicating MRP prices on the labels and cleared the goods only after affixing labels indicating MRP prices. Under these circumstances, the confirmation of demand of duty and imposition of penalty by the original authority stand upheld by the Commissioner (Appeals).

4. There are no valid grounds adduced in the grounds of appea

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l to interfere with the findings and reasoning of the Commissioner (Appeals). 5. In view of the above, appeal is rejected.
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