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2018 (7) TMI 18 - HC - Central ExciseValuation - imported goods contained in packages of about 10 grams or 10 milliliters - Held that:- The import is complete only after these activities are undertaken. Further no additional Excise duty liability occurs as the additional Customs duty has been paid on the MRP affixed and the entire exercise is revenue neutral. Then the Tribunal holds that insofar as packages of 10 grams or 10 milliliters or less, the above activity would amount to manufacture as there is no statutory requirement of undertaking the above activity before their import can be allowed. However the assessee would be eligible to take cenvat credit of the Countervailing Duty (CVD) paid on such goods. Time Limitation - Held that:- The Tribunal holds that the activity was undertaken with the knowledge and permission of the Customs Authorities and hence the finding of suppression of facts cannot be sustained - demand sustained only for normal period. Penalty - Held that:- As there was a pure question of interpretation of law, the Tribunal deleted the penalty as well. No substantial question of law - appeal dismissed.
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