Finality in valuation disputes bars fresh notice where the issue was already concluded and no new material exists.

A fresh show cause notice on the same valuation dispute was considered unsustainable where the earlier proceedings between the same parties had already determined the valuation methodology and the appellate order had attained finality. The Court accepted that, without any new material or fresh investigation, the department could not reopen and re-agitate an issue already concluded. The later notice was therefore treated as barred by limitation and by res judicata, and the resulting demand could not stand.

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Issues: Whether the revenue could issue a fresh show cause notice on the same valuation dispute after the earlier proceedings had attained finality, or whether such notice was barred by limitation and res judicata.

Analysis: The earlier proceedings between the same parties had already determined the valuation methodology and had been carried through appeal, with the appellate order attaining finality. On that basis, the Tribunal found that no fresh investigation or new material justified reopening the same dispute. The Court agreed that the department could not re-agitate an issue already concluded in earlier proceedings, and that the fresh notice was hit by both limitation and the principle of res judicata.

Conclusion: The fresh show cause notice and the resulting demand were not sustainable; the assessee succeeded.

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