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2018 (6) TMI 322 - AT - Central ExciseValuation - Revenue found that the valuation of the goods has not been determined in conformity with the guidelines and the provisions of the CAS – 4 standards issued by the Institute of the Costs & Work Accountants of India - demand of differential duty - Revenue Neutrality - Held that:- It is absolutely clear that it was only after the enquiry by the revenue that the correct basis of valuation of goods came to the light. Had it not been the enquiry of the revenue, the actual assessable value of the goods would have remained unnoticed - In the present case when the Appellant were very well aware of the fact that they are liable to pay duty, they should have voluntarily come forward to pay duty. There is no instance which can point out that the Appellant were not aware of duty to be paid and the method of valuation of goods. However having aware of the same and then too non payment of duty cannot lead to dropping of demands on ground of revenue neutrality. The demands cannot be set aside on grounds of revenue neutrality or time bar. Further there is no reason to waive the penalty as it is not the case of non payment of duty due to lack of knowledge on the part of Appellant - appeal dismissed - decided against appellant.
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