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2010 (11) TMI 586 - CESTAT, NEW DELHIEvasion of duty - Mis-declaration of MRP - Search and seizure - stock taking had been conducted in presence of Shri Ashok Chawla, Senior Manager (Finance & Accounts) and at that time, he admitted the shortage and debited the duty on the spot in the PLA and RG.23A Part-II Register - In view of this, the appellant’s plea that there was no shortage is totally un-acceptable. Regarding demand of Rs. 17,04,388 - it is clear that in respect of certain models of CTVs, though lower MRP had been declared to the central excise department under exchange scheme, those models were never sold under that exchange scheme at lower prices but were sold at the usual higher price, even though the assessable value for payment of duty had been determined on the basis of lower MRP and the appellant company had knowledge about this - there was no provision in Section 4A for enhancing the declared MRP, if the same was not found to be correct, it does not mean that during that period, an assessee coming within the purview of Section 4A was free to declare any false MRP and evade the duty, as it is well settled law that nobody can be allowed benefit from his wrong doing - Appeal are dismissed
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