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2016 (1) TMI 732 - AT - Central ExciseDetermination of value - determination of cost of production of goods manufactured by another unit - cars manufactured by assesse for their own use - extended period of limitation invoked - whether details about the cost of production etc. were not made available to the department? - Held that:- As in this case the cars cleared have not been utilized for further manufacture of goods but were used by the officials of the company in connection with the business. In our view, Rule 8 is not directly applicable and it would be more appropriate to determine the value under Rule 11 read with Rule 4 and the assessee has paid the duty correctly. We also find that the Larger Bench of this Tribunal in the case of Ispat Industries Ltd. (2007 (2) TMI 5 - CESTAT, MUMBAI ) supports the contention of the assessee. We also find force in the contention of the assessee that extended period is not invokable. We do not find any justifiable ground in the show cause notice so as to invoke the extended period. Even the learned Commissioner (Appeals) has dropped the penalty keeping in view the issue involved is interpretation of law. In our view, in the facts and circumstances of the case, invoking the extended period of limitation is not justified. - Decided in favour of assessee.
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