TMI Blog2018 (6) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... 426 - CESTAT, NEW DELHI], it was held that in such a circumstances, no penalty is imposable. Therefore, penalties imposed on M/s. Sita Singh & Sons Pvt. Limited are set aside. Penalty on on M/s. Swaraj Mazda - Held that: - As in the case of M/s. Sita Singh & Sons Pvt. Limited, the penalty has been set-aside therefore, penalty on M/s. Swaraj Mazda is not imposable - penalty set aside. Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. The proceedings were initiated against the appellant under Rule 10A of the Central Excise valuation Rules, wherein the appellant was required to pay duty of whole of the body built and inclusive of the valuation of chassis in the goods cleared by SML. In these set of facts, the proceedings were initiat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n case, for the earlier period, this Tribunal observed as under:- 3 . Heard the parties considering the fact that the identical issue came up before this Tribunal in the case of Audi Automobiles V. CCE-2010 (249) ELT 124 (Tri. Del.) wherein it has been held that the assessee is liable to pay duty in terms of Rule 10A of the Rules i.e. on the value at which the principal manufacturer cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of limitation is not invokable, and there is no mala-fide intention of the appellant, moreover, the issue is of a valuation, therefore, the penalty is not imposable on the appellant. 5 . With these terms, the following order is passed: (A) Demand of duty within the period of limitation is confirmed along with interest. (B) Penalties are not imposable on the appellant. 5. As the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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