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2016 (12) TMI 1639 - CESTAT KOLKATAValuation - P & P Medicaments - It was alleged that the appellants had undervalued their physician's samples by determining its assessable value at transaction price u/s 4 instead of Section 4A of the CEA, 1944 - Board’s Circular No.643/34/2002-CX dated 01.07.2002 - Held that: - there are no material facts that the appellants deliberately or knowingly failed to discharge the duty liability - Hon’ble Supreme Court in the case of Union of India Vs. Rajasthan Spinning & Weaving Mills [2009 (5) TMI 15 - SUPREME COURT OF INDIA] has observed that the penalty u/s 11AC can be imposed for assessee’s act of deliberate deception with intent to evade duty by adopting any of the means in that Section. The appellant has made out a case for waiver of penalty imposed under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the CEA, 1944 - Penalty set aside - appeal allowed - decided in favor of appellant.
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