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Goods manufactured as health and nutritional supplements were classified under CTH 21069099 as food mixes, and assessment on retail sale price basis with 35% abatement was upheld. The Tribunal held that the notification benefit could be available in principle, but only on strict verification of the condition that no Cenvat credit was availed on inputs or input services; the matter was remanded for that limited verification and fresh quantification. It also held that complete non-registration and non-filing of excise returns constituted suppression with intent to evade duty, so the extended period and penalty liability were sustained, with penalty quantum left for re-determination in remand.
Goods manufactured as health and nutritional supplements were classified under CTH 21069099 as food mixes, and assessment on retail sale price basis with 35% abatement was upheld. The Tribunal held that the notification benefit could be available in principle, but only on strict verification of the condition that no Cenvat credit was availed on inputs or input services; the matter was remanded for that limited verification and fresh quantification. It also held that complete non-registration and non-filing of excise returns constituted suppression with intent to evade duty, so the extended period and penalty liability were sustained, with penalty quantum left for re-determination in remand.
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