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2011 (9) TMI 866 - CESTAT KOLKATADuty demand - suppression of facts - misdeclaration with intent to evade duty - Held that:- There is no finding as regards the nature of suppression and how provisions of Section 11AC are attracted. The Joint Commissioner in his order-in-original has relied upon the circular issued vide No. 223/57/96-CX., dated 21-6-1996 which laid down the detailed procedure for valuation of the petroleum products - Commissioner (Appeals) has observed that the fact that appellant was not including the same are not brought to the notice of the Department. Further he also relies upon the circular issued by Board No. 354/81/2000-TRU, dated 30-6-2000 to support his contention that in the transaction value any amount which is paid or payable or on behalf of the assessee is to be included but as submitted by the ld. Counsel, there are several decisions relating to the period when Administrative Price Mechanism was followed holding that in view of the Administrative Price Mechanism, the transaction adopted by the Petroleum companies as per the Government directives has to be accepted. This is because in Administrative Price Mechanism the Government determines the transaction value and the margins at different levels with all the relevant issues. Oil marketing companies did not have powers to make alterations. When the price was determined by Government, it would have been unfair to consider other issues - in this case suppression of facts or misdeclaration with intent to evade duty have not been established for imposition of penalty on the assessee - Decided in favour of assessee.
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