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2024 (1) TMI 35 - CESTAT KOLKATAValuation/calculation of Excise duty - includability of the sales tax concession retained by the Appellant in the assessable value - inclusion of value of goods cleared under Section 4A for computing the duty payable for the normal period of limitation, or not - extended period of limitation - penalty. Valuation/calculation of Excise duty - includability of the sales tax concession retained by the Appellant in the assessable value - HELD THAT:- The issue is no more res integra as the Hon’ble Supreme Court in the case of COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II VERSUS M/S. SUPER SYNOTEX (INDIA) LTD. AND OTHERS [2014 (3) TMI 42 - SUPREME COURT], has held that the sales tax concession retained by the assesses is required to be added in the assessable value for the purpose of levy of Central Excise duty. By relying on the above decision of the Hon’ble Supreme Court, the sales tax concession retained by the Appellant is required to be added in the assessable value for the purpose of levy of Central Excise duty. Invocation of extended period of limitation - It is also contended that the value of goods cleared under Section 4A should not be included for computing the duty payable for the normal period of limitation - HELD THAT:- There are merit in the argument of the Appellant. The VAT incentive scheme is applicable only in respect of the goods cleared under Transaction Value as provided under Section 4 of the CEA, 1944. It is not applicable to the goods cleared under Section 4A. Hence, the contention of the Appellant is agreed upon that value of goods cleared under Section 4A should not be included for computing the duty payable for the normal period of limitation. Levy of penalty - HELD THAT:- The adjudicating authority has not given any proper finding for imposing penalty under Section 11AC. Accordingly, the penalty imposed under Section 11AC not tenable. Appeal allowed in part.
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