Home Case Index All Cases Customs Customs + AT Customs - 2008 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (11) TMI 190 - AT - Customs100% EOU – Suppression of Facts – Extended period of limitation - The period involved in this case is 2001 and if we consider Central Excise Act, transaction value principal would be applicable and in that case whether the transportation charges are includable or not becomes a question. - On the other hand, if the value is determined u/s 14, as done by Commissioner (Appeals), the price at which like goods are ordinarily sold or offered for sale has to be considered. - Therefore, if the price is available in respect of independent buyers such price would become the price - The fact that Commissioner has refrained from imposing penalty and has held that the penalties on the appellant are not justified, would show that extended period of limitation on the ground of suppression of facts with intention to evade duty, cannot be upheld. The demand therefore is clearly barred by limitation.
|