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2016 (9) TMI 1220 - MADRAS HIGH COURTValidity of order of assessment - TNGST Act, 1959 - Vaccum Cleaner - Excise Duty paid on the MRP as per the (Union Budget) Notification issued by the Central Excise (vide amended Central Excise Notification No.13/2002)CE(NT) dated 01.03.02 - verification of invoices in terms of the Appellate Assistant Commissioner - issue only for the two assessment years viz., 1998-1999 and 1999- 2000 - whether the dealer had charged Maximum Retail Price as sales price? - Held that: - before coming to any conclusion, a thorough verification of the whole invoices raised by the appellant is felt necessary so as to whether the appellant have charged MRP as sale price in the invoices, if charged the assessment made has to be sustained - matter remanded back to the Assessing Officer with a direction to verify all the invoices raised during the relevant assessment years in respect of sale of vaccum cleaner and to find out whether the appellant have charged MRP as sale price and to pass appropriate orders. Imposition of penalty u/s.12(3) (b) of the Act - Held that: - As the issue relating to turnover is remanded, the issue relating to penalty is also remanded to the Assessing Officer with a direction to consider penalty levy if need be. Writ petition allowed - matters remanded back to the Assessing Officer for fresh consideration.
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