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2011 (7) TMI 906 - AT - Central ExcisePenalty - period of limitation - valuation - inclusion - On account of the grant of marketing rights and incurring advertisement and publicity expenses and selling expenses, there should be a flow back of money from M/s. VMPL to M/s. VDIL so that the assessable value of the products sold can be revised upwards so as to include these elements in the assessable value - it is further seen that the appellant had filed classification list effective from 1.3.1994 wherein they had declared that the goods are manufactured by the appellant but are marketed by M/s. Vadilal Milk Products Ltd. and the goods are bearing the brand name 'VADILAL' - the existence of the agreement for sale of marketing rights and the incurring of the expenditure by the marketing company was clearly known to the department - Decided in favor of the assessee
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