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    <title>2003 (7) TMI 332 - CESTAT, MUMBAI</title>
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    <description>Where excisable drugs were subject to a statutory price control order, the controlled price governed assessable value under Section 4 of the Central Excise Act, 1944, and the higher amount actually recovered from buyers could not be treated as the normal price. On that basis, the valuation adopted in the impugned order was unsustainable. Once the controlled price was accepted as the correct assessable value and no duty evasion remained, penalty on the assessee and its employees could not be maintained. As the duty burden had already been passed on, no refund was payable.</description>
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    <pubDate>Tue, 01 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 332 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=107619</link>
      <description>Where excisable drugs were subject to a statutory price control order, the controlled price governed assessable value under Section 4 of the Central Excise Act, 1944, and the higher amount actually recovered from buyers could not be treated as the normal price. On that basis, the valuation adopted in the impugned order was unsustainable. Once the controlled price was accepted as the correct assessable value and no duty evasion remained, penalty on the assessee and its employees could not be maintained. As the duty burden had already been passed on, no refund was payable.</description>
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      <pubDate>Tue, 01 Jul 2003 00:00:00 +0530</pubDate>
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