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2015 (9) TMI 1208 - AT - Central ExciseValuation - normal value under old section 4 - Demand of differential duty - Penalty u/s 11AC - Interest u/s 11AB - Held that:- Period 1999 when the old Section 4 was in force and the concept was of the normal value of the goods and not of the transaction value. We also note that at the time of issuance of the show-cause notice itself revenue has claimed that the normal value of the said pillow is ₹ 162/-. Appellant has not questioned the same and did not produce any evidence to show that they were selling at some other price to other customers. - The invoice and the documents nowhere indicates that the pillow sold were old and damaged. Appellants have also not been able to produce any evidence in support of their contention that the pillow were old and damaged. No statutory or other records could be produced by them which would indicate that the pillow manufactured in 1994 were lying with them till 1999. Normal price at which such pillow were being sold will be the correct assessable value for the goods in question. Accordingly, on merits, we find that the case made by the revenue is correct and we therefore uphold the same. The contention of the appellant was that the extended period of limitation cannot be invoked as all the information was available with the department. We are not impressed with the said argument. The appellant were doing self assessment at the relevant time and the fact that they have sold the pillow at such a low price was suppressed and in our view the extended period of limitation has been correctly invoked. - penalty under Section 11AC is also upheld. Interest under Section 11AB will also be chargeable - Decided against assessee.
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