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2016 (11) TMI 574 - CESTAT MUMBAIValuation - receipt of additional consideration through Debit Notes - Held that: - The debit notes raised by the respondent in the case in hand are equivalent to supplementary invoices. It cannot be the case that supplementary invoices raised by assessee in pursuance to the escalation clause despite increase in value, Central Excise duty is not payable. The same analogy will apply in the case in hand. In view of this we hold that the respondent is liable to discharge duty on the debit notes raised by them for the period post July 2000 - the duty liability cannot be demanded entirely on the amounts of debit notes so raised; cum-duty benefit needs to be extended to them. For limited purpose of requantifying the demand of duty for the post July 2000 by extending the benefit cum-duty, we remand this matter to the lower authorities to ascertain correct quantification of demand of duty along with interest thereof. As regards the penalty, we find that the issue is of interpretation of the provisions of Section 4 hence the question of visiting the respondent with penalty does not arise. The appeal is disposed of partly in favour of the assessee and partly in favour of the Revenue.
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