TMI Blog2018 (11) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... lated company claiming excess deduction on account of sales tax and octroi duty against the actual amount paid, which resulted into short-payment of duty. This short-payment came to the notice of the department on scrutiny of the records subsequently - demand invoking extended period and penalty rightly upheld. The appeal is partly allowed to the extent of allowing to discharge 25% of the penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant period from April 2001 to February 2003, they had cleared post mix canisters to their related company, M/s Hindustan Coca Cola Marketing Pvt Ltd on payment of duty after determining the assessable value of the said goods under Rule 9 of the Central Excise Valuation Rules, 2000. In arriving at the value they had claimed deduction on account or sales tax, octroi from the sale price whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax amount was deducted from the price on a percentage basis, therefore, excess amount was deducted from the assessable value in arriving at the assessable value while discharging the duty. He submits that there cannot be any mala fide intention in not paying the applicable duty on the value of goods cleared to their related company, by claiming excess deduction. 5. Learned Authorised Repres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i duty against the actual amount paid, which resulted into short-payment of duty. This short-payment came to the notice of the department on scrutiny of the records subsequently. In these circumstances, we find merit in the impugned order of the lower authorities in conforming the demand short-paid invoking extended period of limitation, and also imposition of penalty equal to the duty confirmed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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