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2014 (11) TMI 1009 - HC - Central ExciseDemand of differential duty after sale of goods - Valuation - Price variations in respect to levy sugar - Held that:- By no stretch of imagination the submission at bar can be accepted that transaction value was restricted to price which was paid to the appellant at the time of delivery of goods/removal of goods. The term “transaction value” is defined in this Section and it becomes clear on careful perusal of this definition that whatever amount is received as price of goods would become transaction value and on the basis of such transaction value, duty of excise is chargeable. We therefore, reject this contention and hold that no substantial question of law arise from this submission. Second point which is advanced at the bar is that the appellant is not liable to pay interest. However, Courts below on facts held that the appellant was under obligation to pay difference of excise duty and such liability arose even on the date of removal of goods. We are not inclined to discuss facts but the findings have now attained finality. - There is no substantial question of law - Decided against the assessee.
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