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2017 (11) TMI 147 - AT - Central ExciseValuation - royalty - includibility - Department was of the view that the amount collected in the guise of royalty was nothing but part of sale consideration - Held that: - there is no relationship between the appellant and the marketing company and the marketing company is also dealing with other goods like switches and the departmental investigations revealed that these products are not marketed under the brand name ‘Farcom’ - demand upheld. Extended period of limitation - Held that: - since the appellant has not suppressed the facts from the Department and entertained a bona fide belief that the royalty amount is not to be included in the assessable value, therefore the extended period of limitation is not invokable. Penalty - Held that: - the appellant is also not liable to pay the penalty in view of the fact that there was no intention to evade payment of duty. Appeal allowed in part.
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