TMI Blog2008 (11) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... includable or not becomes a question. - On the other hand, if the value is determined u/s 14, as done by Commissioner (Appeals), the price at which like goods are ordinarily sold or offered for sale has to be considered. - Therefore, if the price is available in respect of independent buyers such price would become the price - The fact that Commissioner has refrained from imposing penalty and has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoices. Commission agents, in turn sold the goods to the independent buyers and sent the consignment notice to the appellants. It was noticed that the sale proceeds from the independent buyers were more compared to goods sold to the consignment agents and hence the demand. 2. The Commissioner has held that value is to be determined under Valuation Rules read with Section 14 of the Customs Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of M/s. Hanil Era Textiles reported in 2004 (165) E.LT. 544 had held that duty paid by E.O.U. in respect of D.T.A clearance is prima facie a Central Excise duty and therefore Central Excise Valuation Rules shall apply. However, he has chosen to follow the instructions since the decision of the Tribunal in the case of M/s. Hanil Era Textiles is not attained finality. 3. Heard bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered. Therefore, if the price is available in respect of independent buyers such price would become the price The fact that Commissioner has refrained from imposing penalty and has held that the penalties on the appellant are not justified, would show that extended period of limitation on the ground of suppression of facts with intention to evade duty, cannot be upheld. The demand therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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