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2017 (10) TMI 438 - AT - Central ExciseValuation - validity of SCN - demand was paid alongwith interest - Held that: - it is absolutely clear that appellant have not undervalued the goods, initially valuation was arrived at after considering the non levy of the customs duty due to supply in the nature of deemed export. When the World Bank has denied the loan to the PGCIL supply become normal and deemed export benefit was not available. The appellant admittedly on own their ascertainment duty amount of ₹ 23 lacs was paid alongwith interest and intimated to the department. In such case no show cause notice should have been issued in terms of Section 11A(2B) - all ingredient of non issuance of show cause notice such as appellant on their own ascertainment paid duty alongwith interest and intimated to the department. Therefore the appellant have made a fit case to invoke Section 11A(2B). Whether CVD amount should be included in the cost of final product? - Held that: - appellant have availed Cenvat credit in respect of CVD therefore it cannot be said to be a cost of final product - In the case of Dai Ichi Karkaria Ltd [1999 (8) TMI 920 - SUPREME COURT OF INDIA], Hon’ble Supreme Court clearly held that element of excise duty on which Cenvat credit was availed is not includible in the value of the manufactured goods - demand set aside. Appeal allowed in part.
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