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2019 (5) TMI 452 - AT - Central ExciseValuation - cost construction method - period July, 2000 to Sept, 2007 - extended period of limitation - HELD THAT:- Merely because, the CAS-4 certificates were not produced before the adjudicating authority, in our opinion, the said determination of value and differential duty cannot be said to be incorrect unless contrary certificate is produced by the Revenue to establish that the said method of determination of assessable value is incorrect or CAS-4 certificate produced by the assessee-appellant is incorrect. Extended period of limitation - penalty - HELD THAT:- There is merit in the observation of the learned Commissioner (Appeals) in arriving at the assessable value of stock transferred goods adopting CAS-4 method for the entire period. Needless to mention that CAS-4 method for assessing the value of stock transferred goods have been introduced in the year 2003. Before, the said introduction, there were lot of confusion in the determination of value of stock transferred goods and goods captively consumed. In these circumstances, there is no justification to impose penalty on the appellant for not applying CAS-4 method in the determination of assessable value initially. Consequently, the penalty imposed on the appellant is set aside demand limited to the normal period of limitation. The assessee’s appeals are remanded to the adjudicating authority to re-quantify the demand for the normal period of limitation.
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