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2008 (10) TMI 228 - CESTAT, MUMBAIValuation – Free of cost (FOC) supply – Held that - As there was no suppression of facts with an intention to evade duty, the major portion of the demand for the period from 02/96 to 01/98 was hit by the limitation of time bar. Even otherwise also, on merits of the case, the entire demand is not sustainable as on perusal of the tender & purchase order, it is clear that the contracted value is deemed to be the normal price i.e. the price at which such goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal where the buyer is not a related person and the price is the sole consideration for the sale as defined in Section 4(1)(a) of CEA 1944 – revenue appeal rejected.
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