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2017 (11) TMI 1249 - AT - Central ExciseValuation - It is alleged that the appellants did not discharge duty on some of the clearances based on the sale value of similar goods from the depot at or about the same time, when the goods were cleared from the factory - Rule 7 of Central Excise Valuation Rules, 2000 - Held that: - in terms of Rule 7, the transaction value shall be based on goods sold from depot. Though, the appellants may have a circular fixing the price for a particular fortnight, in the absence of any sale, the nearest sale price is correctly adopted by the Revenue - differential duty, if any for normal period upheld. Extended period of limitation - penalty - Held that: - Admittedly, the appellants followed uniform practice and in a few instances, which they claimed to constitute less than 1% of the transaction, a situation of short-levy, by strict enforcement of Rule 7 has arisen - Delay, if any, in submission of such documents cannot by itself sustain the reason for invoking willful suppression, fraud, collusion etc. - extended period and penalty cannot be invoked. Appeal allowed in part.
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