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    <title>2005 (6) TMI 376 - CESTAT, MUMBAI</title>
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    <description>Duty discharged through a deemed credit account under Notification No. 29/96-C.E. (N.T.) was treated as duty actually paid on processed fabrics, with no material distinction from payment through PLA. The effective duty paid was deductible under Section 4(4)(d)(ii) of the Central Excise Act, 1944, so the amount shown as duty discharged could not be added to assessable value as additional consideration. On that basis, Section 11D had no application because the amount represented duty levied and discharged, and the consequential penalty was also unsustainable. The additions to assessable value, the Section 11D demand, and the penalty were set aside.</description>
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      <title>2005 (6) TMI 376 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=115637</link>
      <description>Duty discharged through a deemed credit account under Notification No. 29/96-C.E. (N.T.) was treated as duty actually paid on processed fabrics, with no material distinction from payment through PLA. The effective duty paid was deductible under Section 4(4)(d)(ii) of the Central Excise Act, 1944, so the amount shown as duty discharged could not be added to assessable value as additional consideration. On that basis, Section 11D had no application because the amount represented duty levied and discharged, and the consequential penalty was also unsustainable. The additions to assessable value, the Section 11D demand, and the penalty were set aside.</description>
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