Page 233 - ELT_1st August 2020_Vol 373_Part 3
P. 233

2020 ]  P.G. ELECTROPLAST LTD. v. PRINCIPAL COMMISSIONER OF CUSTOMS, NOIDA  415





















                                                                                  1
                       6.  On  carefully going  through  the above findings of the adjudicating
               authority, we find that the adjudicating authority has given proper reasoning
               and correctly interpreted the various provision of Customs Valuation, provision-
               al assessment and Cenvat Credit Rules. We do not find any infirmity in the find-
               ing given by the adjudicating authority.
                       7.  As per our above discussion and finding support with the settled le-
               gal position, We find that the order passed by the adjudicating authority is just
               and proper.
                       8.  Accordingly, we uphold the impugned order and dismiss the Reve-
               nue’s appeal. Cross Objection also stands disposed of.
                               (Pronounced in the open Court on 12-3-2020)
                                                _______

                                2020 (373) E.L.T. 415 (Tri. - All.)
                        IN THE CESTAT, REGIONAL BENCH, ALLAHABAD
                                            [COURT NO. I]
                    Ms. Archana Wadhwa, Member (J) and Shri Anil G. Shakkarwar,
                                              Member (T)
                                    P.G. ELECTROPLAST LTD.
                                                Versus
                     PRINCIPAL COMMISSIONER OF CUSTOMS, NOIDA
                Final Order Nos. 71124-71125/2019, dated 18-6-2019 in Appeal Nos. C/70379/2017
                                            & C/70023/2018
                                                          1
                       Valuation (Customs) - Evasion of Anti-dumping duty - Overvaluation
               on import of Colour TV Picture Tubes - Evidence - Only evidence adduced by
               Revenue alleging overvaluation to evade ADD on import of aforesaid goods
               from Malasiya are Statement of persons including that of Director - There is
               ________________________________________________________________________
               1    In appeal against this order,  notice was issued by Supreme  Court in 2020 (373) E.L.T.
                    A92 (S.C.).
                                    EXCISE LAW TIMES      1st August 2020      233
   228   229   230   231   232   233   234   235   236   237   238