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2018 (2) TMI 1752 - AT - Central ExciseExcisability - supply and apply contracts which involved both consumption of paints manufactured by the appellant and also application thereof - appellants took a view that excise duty is required to be paid only on that element of cost representing the value of paints and not on the value relating to application of paints. Held that:- The Bench in appellant own case M/S COROMANDEL PAINTS LTD. VERSUS CCE & CC, VISAKHAPATNAM [2016 (6) TMI 1018 - CESTAT HYDERABAD] has held that since sale of paint is linked to the application part of the paint at the customer’s site, the application is in relation to the goods and therefore, except the value of the labour component for application no other component can be deductible from the sale value for arriving at assessable value. Penalties u/s 11AC - Held that:- The matter involved interpretational dispute - There is also no allegation that appellant suppressed the methodology adopted by them - penalty not warranted. Appeal disposed off.
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