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    <title>2006 (7) TMI 478 - CESTAT, MUMBAI</title>
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    <description>Assessable value under Section 4 of the Central Excise Act, 1944 was upheld for clearances to a brand owner because the declared sale price was not the sole consideration, as royalty linked to brand use was not included and the arrangement showed a lower price than depots notwithstanding the same retail market price. The demand was also held within limitation because the record showed non-disclosure of the brand ownership arrangement, the agreements with the brand owner, suppression of royalty, and failure to file price lists. Interest and penalty were sustained only for the period when the relevant provisions applied, with penalty reduced, while confiscation of land, building, plant and machinery was set aside.</description>
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    <pubDate>Wed, 19 Jul 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=119827</link>
      <description>Assessable value under Section 4 of the Central Excise Act, 1944 was upheld for clearances to a brand owner because the declared sale price was not the sole consideration, as royalty linked to brand use was not included and the arrangement showed a lower price than depots notwithstanding the same retail market price. The demand was also held within limitation because the record showed non-disclosure of the brand ownership arrangement, the agreements with the brand owner, suppression of royalty, and failure to file price lists. Interest and penalty were sustained only for the period when the relevant provisions applied, with penalty reduced, while confiscation of land, building, plant and machinery was set aside.</description>
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