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    <title>2011 (4) TMI 532 - CESTAT, MUMBAI</title>
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    <description>Undervaluation in central excise valuation failed where the lower figure in the show-cause notice was taken from an excise invoice issued for reversal of credit, while the commercial invoice reflected a higher price with freight and sales tax charged separately. Because the adjudicating record did not consider the appellants&#039; written submissions and commercial invoices, the correct transaction value was not established. On that basis, the duty demand and penalties were not maintainable, and the impugned order was set aside with consequential relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=206793</link>
      <description>Undervaluation in central excise valuation failed where the lower figure in the show-cause notice was taken from an excise invoice issued for reversal of credit, while the commercial invoice reflected a higher price with freight and sales tax charged separately. Because the adjudicating record did not consider the appellants&#039; written submissions and commercial invoices, the correct transaction value was not established. On that basis, the duty demand and penalties were not maintainable, and the impugned order was set aside with consequential relief.</description>
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      <pubDate>Tue, 12 Apr 2011 00:00:00 +0530</pubDate>
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