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2015 (5) TMI 204 - AT - Central ExciseValuation of goods - Valuation u/s 4 or u/s 4A - While the appellant was clearing the goods u/s 4A of the above Act, in December'98, it wrote a letter to the department for clarification as to the section under which levy shall be made - whether the conduct of the appellant can be appreciated to be bonafide and it was under such belief in the light of the Board's circular No.625/16-2002 dt. 28.2.2002 - Held that:- The circular has ground that there was persisting confusion in industry which has prevented the appellant to bring the goods under Section 4A of Central Excise Act, 1944. In view of the fact that there is no whisper in the show cause notice as to malafide of appellant, it would be proper to rely on the decision cited by learned consultant in the case of Jaiprakash Industries Ltd. (2002 (11) TMI 92 - SUPREME COURT OF INDIA). - appellant has not acted malafide and its bonafides has come to public record - Decided in favour of assessee.
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