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    <title>1997 (12) TMI 355 - CEGAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=88280</link>
    <description>Excise valuation requires the sale price to be treated as cum-duty price, with deduction for excise duty and sales tax payable even where those amounts were not separately recovered from buyers. Fresh determination was required on sales-tax deduction based on the available facts and certificates. Modvat credit cannot be denied solely for failure to complete declarations or account formalities where the assessee is otherwise eligible; eligibility required reconsideration. Show cause notices issued within the normal period by a competent officer remained valid despite unnecessary suppression allegations, and the extended-period objection to the later notice failed. Penalty could not be mechanically fixed as a percentage of demand and required fresh determination with valuation and credit issues.</description>
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    <pubDate>Mon, 22 Dec 1997 00:00:00 +0530</pubDate>
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      <title>1997 (12) TMI 355 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=88280</link>
      <description>Excise valuation requires the sale price to be treated as cum-duty price, with deduction for excise duty and sales tax payable even where those amounts were not separately recovered from buyers. Fresh determination was required on sales-tax deduction based on the available facts and certificates. Modvat credit cannot be denied solely for failure to complete declarations or account formalities where the assessee is otherwise eligible; eligibility required reconsideration. Show cause notices issued within the normal period by a competent officer remained valid despite unnecessary suppression allegations, and the extended-period objection to the later notice failed. Penalty could not be mechanically fixed as a percentage of demand and required fresh determination with valuation and credit issues.</description>
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      <pubDate>Mon, 22 Dec 1997 00:00:00 +0530</pubDate>
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