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2019 (1) TMI 965 - AT - Central ExciseValuation - price variation clause - clearance of transformer goods - clearance of the finished products at the lower rate of duty but subsequently, cleared the goods at the higher rate of duty - short payment of duty alongwith cess - penalties - Held that:- It is not found from the records that the assessement has been opted/made provisionally under the provisions of Rule 9(B). In that circumstance, once the clearance is without PVC, the price cannot be revised retrospectively, even after the issue of the circular at the lower rate. In such a situation, had the assessee having been the intention of opting for the lower rate as per E-I Return, they would have taken advantage of reduced rate of duty - the clearance of the impugned goods has rightly been done at the prevalent rate at the time of clearance of the goods. Penalties - Held that:- Once the ER-I Return has specifically been filed, there is a mention in the PVC, which is evident in the show cause notice itself - there is no suppression of material facts by the appellant with the Department and it is not fit for imposition of penalty, therefore, the penalty is required to be set aside in this case. CENVAT Credit - input services - insurance premium of cars, which were registered in the name of partners of the appellant firm - Held that:- Since it is being used in furtherance of the purpose of the manufacture of the goods and other related work by the Director of the Company, there is no bar to avail cenvat credit on the service tax paid - credit allowed. Appeal allowed in part.
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