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2018 (6) TMI 981 - CESTAT MUMBAIWaiver of penalty - the penalty imposed by the adjudicating authority was set aside on the ground that the case involved technical issue of interpretation of the provision of Section 4A or Section 4 of the Central Excise Act, 1944 - Held that:- Since in the present case transaction value is available therefore the value is correctly determined under Section 4(1)(a). The respondent sold their goods to their buyers on transaction value therefore, pro-rata basis cannot be applied accordingly the demand raised by Revenue does not sustain. The issue has been considered by the Tribunal in the case of Commissioner of Central Excise, Goa v. Cosme Remedies Ltd. [2016 (4) TMI 323 - CESTAT MUMBAI], where it was held that Since there is a transaction value available at which the goods are sold by' the assessee to the distributors, and the same has not been challenged, the same should be assessable value under Section 4(1)(a) of the Central Excise Act. The demand does not sustain - appeal dismissed - decided against Revenue.
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