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2016 (8) TMI 1069 - AT - Central ExciseInvokation of extended period of limitation - appellant has wrongly arrived at the valuation of the pipes cleared by them on the cost construction method rather the appellant should have paid duty on the value of pipes as indicated in the contract - Held that:- the audit report contains a specific reference to the contract and on that basis it has arrived at the conclusion that the value of gunniting needs to be included in the assessable value. We find that the DGCEI in the impugned show-cause notice has also primarily relied on the contract. It has sought to recover duty on the basis of value of the goods shown in the contract. In these circumstances, we find that the documents on the basis of which the demand has been raised, i.e., the contract, was produced before the audit and examined by them. Having failed to raise this issue at the material time it cannot be said that the appellants had suppressed or mis-declared anything to enable the revenue to invoke extended period of limitation. Hence, it is not open to Revenue to invoke extended period of limitation. - Decided in favour of appellant
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