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2017 (3) TMI 594 - AT - Central ExciseWhether a manufacture of LPG selling the product in bulk, post 1-7-2000, to an OMC for further sale in packed form to dealers/domestic consumers and recovering ex-refinery price from the OMC as sale consideration is entitled to adopt ex-storage price(APM price) as the assessable value of the said product in bulk by ignoring the provisions of Section 4 of the Central Excise Act as amended w.e.f. 1-7-2000? - whether penalty u/s 11AC of the CEA and penalty u/r 25 of Central Excise Rules, 2002 are legal and correct? Held that: - SCN were issued periodically for normal period therefore there was no suppression of facts and for that reason only for every period within normal period of one year, different show cause notices were issued. Since there is no suppression of facts, the ingredient required for invoking the Section 11AC does not exist in the present case - appellant has made out fit case for waiver of penalties u/s 11AC and Rule 25 imposed by the Adjudicating authority - appeal disposed off - decided partly in favor of appellant.
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