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    <title>2004 (12) TMI 600 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=115859</link>
    <description>Where an ascertainable factory gate normal price existed for billets, valuation under Section 4 of the Central Excise Act was to be based on that normal price even though part of the clearances were transferred to another unit; the stock transfer could not displace the available wholesale price, so the valuation challenge failed. On limitation, one demand was within the statutory period and the demand and penalty were sustained. In the other matter, the record did not show proper consideration of the assessee&#039;s price declaration for transfer clearances, so invocation of the extended period required fresh examination by the adjudicating authority. The valuation issue was upheld, while the limitation issue was remanded for reconsideration.</description>
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    <pubDate>Fri, 31 Dec 2004 00:00:00 +0530</pubDate>
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      <title>2004 (12) TMI 600 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=115859</link>
      <description>Where an ascertainable factory gate normal price existed for billets, valuation under Section 4 of the Central Excise Act was to be based on that normal price even though part of the clearances were transferred to another unit; the stock transfer could not displace the available wholesale price, so the valuation challenge failed. On limitation, one demand was within the statutory period and the demand and penalty were sustained. In the other matter, the record did not show proper consideration of the assessee&#039;s price declaration for transfer clearances, so invocation of the extended period required fresh examination by the adjudicating authority. The valuation issue was upheld, while the limitation issue was remanded for reconsideration.</description>
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      <pubDate>Fri, 31 Dec 2004 00:00:00 +0530</pubDate>
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