TMI Blog2017 (11) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... riod upheld. Extended period of limitation - penalty - Held that: - Admittedly, the appellants followed uniform practice and in a few instances, which they claimed to constitute less than 1% of the transaction, a situation of short-levy, by strict enforcement of Rule 7 has arisen - Delay, if any, in submission of such documents cannot by itself sustain the reason for invoking willful suppression, fraud, collusion etc. - extended period and penalty cannot be invoked. Appeal allowed in part. - E/00282,00283/2009 - Final Order No. 42093-42094/2017 - Dated:- 15-9-2017 - Smt. Sulekha Beevi C.S, Member (Judicial) and Shri B. Ravichandran, Member (Technical) For the Appellant : Shri V. Panchanathan, Adv. For the Respondent : Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tory gate as well as to the depot for further sale. As per the standard practice followed by the appellants, they are realising the price based on London Metal Exchange Rate (in short, LMER) at any given time, the price for clearance at the factory gate is sale, as that of sale from their depots. They issue regular circulars in this regard. He emphasised that any customer intends to buy a product can get it on the same price either at the factory gate or at the depot. The present dispute is with reference to difference at any given time between the price on which they paid duty at the time of clearance from the factory and the nearest sale price from depot. The Revenue picked-up only certain instances, where the depot price nearest to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show-cause notices in the present proceedings involving extended period. Such proceedings are untenable in view of the decision of the Hon'ble Supreme Court in Nizam Sugar Factory Vs Collector of Central Excise, Andhra Pradesh reported in 2006 (197)E.L.T.465 (S.C.) which was followed in various decisions of this Tribunal. 4. The learned Authorised Representative Shri S. Govindarajan reiterated the findings of the lower authorities. He submitted that the lower authorities followed the provisions of Rule 7 of the Valuation Rules strictly. The valuation is not done based on circular of the appellants. There should be actual sale of identical goods from the depot at or about the time when the goods were cleared from the factory. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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