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The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
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