https://www.taxtmi.com/caselaws?id=108208 Sale proceeds from clandestine clearances were treated as cum-duty price where the price actually realised included duty, so the duty element had to be abated from the wholesale price under the Central Excise valuation rule. Failure to show duty separately under Section 12A did not defeat that abatement, and the duty demand was reduced accordingly. Deemed Modvat credit was not available to a re-rolling unit whose aggregate clearances exceeded the prescribed turnover limit, so the credit claim was rejected. The result was partial relief: valuation was revised in the assessee's favour, but deemed credit was denied and penalties were sustained. en-us Fri, 24 May 2002 00:00:00 +0530 Fri, 30 Mar 2012 14:53:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108208 Sale proceeds from clandestine clearances were treated as cum-duty price where the price actually realised included duty, so the duty element had to be abated from the wholesale price under the Central Excise valuation rule. Failure to show duty separately under Section 12A did not defeat that abatement, and the duty demand was reduced accordingly. Deemed Modvat credit was not available to a re-rolling unit whose aggregate clearances exceeded the prescribed turnover limit, so the credit claim was rejected. The result was partial relief: valuation was revised in the assessee's favour, but deemed credit was denied and penalties were sustained. Case-Laws Central Excise Fri, 24 May 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108208