TMI Blog2016 (9) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi [2014 (9) TMI 229 - SUPREME COURT] and Super Synotex (India) Ltd. vs. CCE Jaipur [2014 (3) TMI 42 - SUPREME COURT] wherein it was held that amount of sales tax concession retained by the respondent is required to be added in the assessable value - Held that:- 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 limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax 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 the amount of sales tax concession retained by the respondent is required to be added in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... down by Hon'ble the Supreme Court, the extended period of limitation could have been permitted. After hearing learned counsel for the appellant, we do not find any merit in the present appeal. The Tribunal has dealt with the issue of limitation in para no.5 of the order, which is extracted below:- The respondents also contested the issue on limitation. We find that during the relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uently, the penalties on the respondents are not imposable. In the aforesaid para, circular dated 30.06.2000 issued by Central Board of Excise and Customs (to be called as 'the Board') providing that any amount of concession on sales tax retained by the assessee is not required to be added in the assessable value and an earlier order passed by the Tribunal in favour of the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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