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2017 (8) TMI 215 - AT - Central ExcisePenalty u/s 11 AC - demand of duty with interest - valuation - MRP Based valuation on the basis of retail sale price - It is the case of the department when four litre cartons are sold to restaurants and canteens, the valuation has to be adopted under section 4 of Central Excise Act, 1944 and the provision of section 4A would not be applicable - valuation as per section 4 of Central Excise Act, 1944 or under section 4A of Central Excise Act, 1944? - Held that: - during the relevant period, the decision in the case of Jayanti Food Processing Pvt. Ltd. [2002 (1) TMI 104 - CEGAT, COURT NO. I, NEW DELHI] was in favor of the assessee as per the decision rendered by the Tribunal. There was also doubts and confusions with regard to the valuation to be made in case of goods which are sold on the basis of MRP - the appellant had adopted valuation under section 4A relying upon the decision of the Tribunal prevailing at the time. SSI exemption - use of brand name of others - Held that: - The Trademark belongs to Shri Pichai Rajagopal who is also partner in M/s. Saravana Dairy Products since the appellants are not eligible for exemption as the value of clearances exceeds one crore when assessed under Section 4 of Central Excise Act, this issue is not dealt with. The learned consultant did not advance any argument on this second issue. There are no sufficient grounds for imposition of penalty under section 11AC of the Central Excise Act - duty demand with interest upheld - appeal allowed - decided partly in favor of appellant.
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