https://www.taxtmi.com/caselaws?id=115164 Where depot clearances were made on a working basis and the final sale price depended on seasonal and market factors, duty could be adjusted with reference to the actual depot realisation rather than treating factory-gate value as final; the assessee's adjustment method was accepted on a provisional assessment basis. Where the assessee had fully disclosed the pricing mechanism and voluntarily paid differential duty, the demand was barred by limitation because the extended period was unavailable, and penalty could not be sustained in the absence of mala fide intent. The demand and penalty were set aside, with consequential relief. en-us Fri, 31 Dec 2004 00:00:00 +0530 Thu, 24 May 2012 13:24:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=115164 Where depot clearances were made on a working basis and the final sale price depended on seasonal and market factors, duty could be adjusted with reference to the actual depot realisation rather than treating factory-gate value as final; the assessee's adjustment method was accepted on a provisional assessment basis. Where the assessee had fully disclosed the pricing mechanism and voluntarily paid differential duty, the demand was barred by limitation because the extended period was unavailable, and penalty could not be sustained in the absence of mala fide intent. The demand and penalty were set aside, with consequential relief. Case-Laws Central Excise Fri, 31 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=115164