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2006 (8) TMI 185 - SC - Central ExciseWhether excise was leviable on manufacturing cost plus manufacturing profit and post manufacturing cost and profits arising from post manufacturing operations, the provisional assessments were made from July, 1973 to February, 1983? Held that:- In the present case there is not even an allegation much less finding by the department that there has been any clandestine removal of goods without assessment. As such the penalty is liable to be set aside. The matter having been settled in the Kar Vivad Samadan Scheme, 1998 the question of determination of the duty payable or levy of penalty did not arise. The Tribunal clearly erred in upholding the levy of penalty. Accordingly, Civil Appeal filed by the assessee is accepted and the penalty levied is ordered to be deleted.
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