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2015 (8) TMI 1319 - CESTAT NEW DELHIValuation - Inclusion of amount of sales tax concession retained by the respondent in the assessable value of goods sold in terms of section 4(3)(d) of Central Excise Act 1944 - Held that:- the issue has been settled by the Hon’ble Apex Court in the Case of Maruti Suzuki India Ltd. Vs. CCE Delhi [2014 (9) TMI 229 - SUPREME COURT] and Super Synotex (India) Ltd. Vs. CCE Jaipur [2014 (3) TMI 42 - SUPREME COURT] wherein Hon’ble Apex Court has held that amount of sales tax concession retained by the respondent is required to be added in the assessable value. Therefore, issue is no more res integra and, we hold that the impugned orders are not correct on merits. Invokation of extended period of limitation - Demand and imposition of penalty - amount of sales tax concession retained by respondent - Held that:- during the relevant period there was CBEC Circular dated 30.06.2000 which provides that any amount of concession on sales tax retained by the respondent is not required to be added in the assessable value and there are certain judicial pronouncements of this Tribunal holding the same view in the case of Kinetic Engineering Ltd. Vs. CCE Pune, Nagpur [2012 (6) TMI 168 - CESTAT, MUMBAI] and Life Long India Pvt. Ltd. Vs. CCE Delhi [2012 (3) TMI 349 - CESTAT NEW DELHI]. As there were view taken by the CBEC Circular and this Tribunal in favour of the respondent which has been negated by the Hon’ble Apex Court in the decision cited before us. Therefore, the extended period of limitation is not invokable. Consequently, demand pertaining to the extended period of limitation which is sought to be demanded from the respondent are set aside. Consequently, the penalties on the respondents are not imposable. - Appeals disposed of by way of remand
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