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2016 (9) TMI 571 - PUNJAB AND HARYANA HIGH COURT

2016 (9) TMI 571 - PUNJAB AND HARYANA HIGH COURT - 2017 (345) E.L.T. 77 (P & H) - Extended period of limitation - Valuation - amount of sales tax concession retained by the assessee - assessable value - Held that: - during the relevant period there was CBEC Circular dated 30.06.2000 which provides that any amount of concession on sales tax retained by the respondent is not required to be added in the assessable value and there are certain judicial pronouncements of this Tribunal holding the same .....

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iled the present appeal on the following substantial questions of law arising out of the order dated 19.08.2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, the Tribunal):- (i) Whether the CESTAT was right in dropping the demand towards duty pertaining to the extended period of limitation? (ii) Whether the Hon'ble Tribunal was justified in dropping the demand towards duty pertaining to the extended period of limitation despite the finding of the adj .....

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301) ELT 273 wherein it was held that amount of sales tax concession retained by the respondent is required to be added in the assessable value? (iv) Whether any amount of concession on sales tax retained by the respondent is required to be added in the assessable value as per CBEC Circular F.No. 354/81/2000-TRU dated 30.6.2000 or not? (v) Whether the Hon'ble Tribunal was justified in setting aside the consequential penalty imposed upon the respondent when the Tribunal had itself held that t .....

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s in favour of the revenue referring the judgment of Hon'ble the Supreme Court in case of Maruti Suzuki India Ltd. vs. CCE Delhi,2014(307) ELT 625 (SC) and Super Synotex (India) Ltd. vs. CCE Jaipur, 2014(301) ELT 273, however, on the ground of limitation, the issue was decided in favour of the assessee. Once the assessee was found to be at fault in view of the law laid down by Hon'ble the Supreme Court, the extended period of limitation should have been permitted. After hearing learned c .....

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