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2017 (5) TMI 866 - CESTAT MUMBAI

2017 (5) TMI 866 - CESTAT MUMBAI - TMI - Valuation - provisional assessment not done - appellant should have opted for provisional assessment, however, they have instead valued on ad-hoc by paying maximum of duty on estimated value and they paying differential duty after finalization of valuation - Held that: - there was no intention to suppress anything from the Revenue as they have paid the duty and the entire method was known to the Revenue - this method of valuation by the appellant was in f .....

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ds to their other units at Roha and Mahad on stock transfer basis. A demand show-cause notice was issued to the appellant on the ground that they had incorrectly determined the assessable value in terms of Section 4(1)(b) of the Central Excise Act, 1944 read with Rule 7 of the Central Excise Rules, 2002 by not opting for provisional assessment. The demand of duty and penalty under Section 11AC was confirmed by the lower authorities. Aggrieved by the said order, the appellants are before Tribunal .....

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uty was not paid under protest and the appellant has not questioned this methodology at any point of time. In fact, even today they have been adopting the same method. The department also has been accepting this same procedure. The dispute has arisen only because of the department's proposal to demand interest and also to impose penalty under Section 11AC. The department in the same Show Cause Notice has also proposed confirmation and adjustment of the duty and interest already paid. The app .....

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as admitted by the appellant himself the credit has also been taken by the sister unit for the entire amount. I, accordingly, uphold the Order-in-Original with respect to the duty demand. The Commissioner (Appeals) has imposed penalty by observing as follows: - I now come to the question of penalty under Section 11 AC imposed by the adjudicating authority. The adjudicating authority has come to the conclusion that there was no true and complete disclosure by the appellant of all the relevant fa .....

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