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2013 (4) TMI 644 - AT - Central ExciseValuation - inclusion of charity/dharmada in the valuation for the purpose of excise duty - Extended period of limitation - held that:- Held that - A ordinary citizen, in our view, under the ordinary course of circumstances cannot be expected to keep track of the judgment of various Courts. He is not expected to know about the law laid down by judicial pronouncement unless he comes across the judgment itself. The judgment of Supreme Court in the matter of Panchmukhi Engineering Works [2002 (11) TMI 122 - SUPREME COURT] was published in the year 2003 - Even Central Board of Excise & Customs issued clarificatory circular pursuant to aforesaid judgment on 21-11-2003, therefore, it would be unfair to infer that the appellant was aware the law laid down by the Supreme Court in the matter of Panchmukhi Engineering Works (supra) immediately after the pronouncement of judgment on 28-11-2002. There is no reason to impute mala fide intention on the party of the appellant to evade the excise duty by deliberately not included the “Dharmada charges” in the transaction value. Undisputedly, it is not a case of fraud or dishonest concealment of fact. - Demand set aside being beyoind the normal period of limitation - Decided in favor of assessee.
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