ORDER

1. This appeal has been filed by the Revenue under Section 35(1)(b) of the Central Excise Act, 1944 against the judgment and final order dated -4-2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short "the Tribunal") whereby the Tribunal has allowed the appeals filed by the assessee by setting aside the impugned order passed by the Commissioner. The issue involved in this appeal is regarding he correct assessable value of the respondent's products and the suppression if the said correct assessable value by the respondents.

Facts

2. The respondents are engaged in the manufacture of pan masala falling under Chapter Sub-Heading 2106.00 of the First Schedule to the Central Excise Tariff Act, 1985 (for short "the Tariff Act"). According to the Revenue, the respondents were resorting to undervaluation of goods for the purpose of payment of Central excise duty during the period 1-1-1995 to 28-9-1996.

3. The respondents were issued a show-cause notice dated 4-2-2000 asking them to show cause as to why Central excise duty amounting to Rs 1,93,83,911 may not be demanded under the proviso to Section 11-A(1) of the Act and why penalty should not be i