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2023 (6) TMI 784 - SCH - Central ExciseValuation - intent to evade payment of duty - whether the goods sold to a related party or a sister concern should have been computed on cost of production basis which was not undertaken by the appellant herein? - it was held by HC [2022 (4) TMI 731 - MEGHALAYA HIGH COURT] that The Tribunal found that the assessee had indulged in under-valuation as per its convenience, “to short pay the duty amount which has not been rebutted by submitting the prices charged to independent parties - HELD THAT:- Having perused the material placed on record, there are no reason to entertain this petition under Article 136 of the Constitution of India - petition seeking special leave to appeal is, accordingly, dismissed. Waiver of penalty - revenue neutrality - no suppression of facts - notification dated 27.03.2008 - HC [2019 (4) TMI 1346 - MEGHALAYA HIGH COURT] held that It is clear that the duty is chargeable but it is 100% refundable, the question of intention to evade payment of duty pales into insignificance. But where the duty charged is not 100% refundable, then any act of concealment, misstatement or suppression of facts will give rise to the intention to evade payment of duty - HELD THAT:- The appeal is dismissed on the ground of delay as also on merits in terms of the signed order.
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