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2013 (10) TMI 397 - AT - Central ExciseAssessable Value of Goods - Revenue was of the view that the assessable value for calculation of the duty on the VCDs cleared was determined on the basis of MRP as it had not been declared by the assesse - Held that:- Duty would be chargeable on the clearances of VCD players cleared for free supply along with sale of certain models of CTVs and the duty had to be charged on the basis of the assessable value determined in terms of the provisions of Section 4A i.e. after giving the abatement from MRP of the VCD player during this period - since there was no MRP of VCD during the period of dispute, the same has to be determined on the basis of some reasonable criteria and in this regard, the MRP prevailing in 2001 cannot be adopted. De novo Quantification of duty - Order set aside – Matter Remanded back to the original adjudicating authority for de novo decision for re-quantification of the duty demand in accordance with our above observations and also re-determination of the quantum of penalty imposable under Rule 25(1)(a) of the Central Excise Rules, which would be in proportion to the quantum of duty demand confirmed against the assesse.
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