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2018 (1) TMI 160 - AT - Central ExciseValuation - removal of goods for delivery to different independent buyers as well as to their own units - It was observed that the prices shown in the invoices for delivery to their own units were much less than the price charged for similar / comparable goods removed to the independent buyers - Held that: - the benefit of CAS-4 valuation can and should be extended even to clearances which have occurred before the Board introduced the same vide Circular dated 13.2.2003 - In the circumstances, benefit of CAS-4 guidelines cannot be denied to the impugned clearances - for the limited purpose of recalculating the duty liability, based on the CAS-4 guidelines and Chartered Accountant's certificate submitted by the appellant vide their letter dated 10.8.2010, the matter is being remanded to the adjudicating authority. Penalty - Held that: - in view of the confusion that have occurred during the entire period of this dispute and also considering the decisions / judgments cited above, we hold that the penalty cannot sustain and for which reason the penalty imposed under Rule 173Q is set aside. Appeal allowed by way of remand.
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