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2017 (2) TMI 255 - AT - Central ExciseLevy of penalty - whether the penalty under Section 11AC should be imposed in the fact that the dispute relates to valuation of physician samples and the duty and interest have been admittedly paid by the appellants? - Held that: - as regards valuation of physician samples, the issue was in dispute and various litigations were going on. Therefore the valuations of physician samples were not free from doubt as it involved the grave interpretation of the valuation law. The appellants were clearing their goods under the cover of invoice and discharged the duty, therefore, there was no suppression of fact in order to invoke the penal provisions. Penalty set aside - appeal allowed - decided in favor of appellant.
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