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2018 (5) TMI 1505 - AT - Central ExciseValuation - Price Variation Clause - suppression of facts - demand of Interest and penalty - Held that: - the impugned order alleging suppression by the appellant is not tenable in the facts and circumstances of the case. It was a case of provisional assessment because there was a variation clause in the purchase order and on finalization of the price, the appellant paid the differential duty immediately - the assessee is liable to pay interest on delayed payment of differential duty. Penalty - Held that: - since there was no suppression on the part of the appellant and the appellant paid the duty after finalization of price, penalty not warranted. Appeal allowed in part.
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