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M/S Aarti Steels Ltd vs Cce, Ludhiana on 22 September, 2008

4. After hearing both sides and on perusal of the records, it is revealed from impugned orders that the Commissioner (Appeals) on identical issue in earlier orders, set aside the penalties and duty on the basis of Newspaper reports of Tribune and The Times of India wherein it has been reported that 500 vehicles are running in Punjab State on fake registration. In the present cases, the Commissioner (Appeals) changed his mind on the ground that the same practice is still prevailing as the appellants/assessee have not taken any remedial action to amend the said mistake. In my view, demand of duty/penalty cannot be set aside/upheld on the basis of News-papers reports. It is seen that the Commissioner (Appeals) have not examined the evidences placed by the appellants. The Division Bench of the Tribunal in the case of Aarti Steels Ltd. & Ors. (supra), after considering the decision in the case of Rajeev Alloys Ltd. (supra), held as under:-
Custom, Excise & Service Tax Tribunal Cites 3 - Cited by 16 - Full Document
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