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2014 (8) TMI 533 - AT - Central ExciseExtended period of limitation - Valuation of goods - Job work - delay in finalization of provisional assessment - adjudicating authority has held that such finalisation was got done by the appellants with the ulterior motive of evasion of central excise duty - Held that:- We really fail to understand the above reasoning of the adjudicating authority. - The finalisation of the provisional assessments has to be done by the Central Excise authorities and not by the appellants. It is also a fact that the Central Excise authorities having jurisdiction over the appellants' factory were keeping the assessments provisional in as much as the assessments at the end of M/s. GSK were provisional. They were aware of the said fact as also of the fact that the assessable value at the appellants' end has to be based upon the value of the raw-materials manufactured by M/s. GSK and supplied by them. As such, the entire facts were in the knowledge of the Revenue. As soon as the provisional assessments at the end of M/s. GSK were finalised, the Central Excise authorities having jurisdiction over the appellants' factory also finalised their assessments. As such, finalisation has to be held as having been done by the Central Excise officers after verifying all the facts at the appellants' end as also at the end of M/s. GSK. The said finalised assessments never stands appealed against by the Revenue and as such have attained finality. In this scenario, invocation of longer period of limitation against the appellants on the ground that they got the assessments finalised from the Central excise authorities by mis-representing the facts cannot be appreciated. - Demand barred by limitation - Decided in favour of assessee.
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