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    <title>2012 (9) TMI 640 - CESTAT, AHMEDABAD</title>
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    <description>Physician samples cleared during the relevant period were held liable to valuation on a prorata basis of the sale pack rather than under the assessee&#039;s method under Rule 8 read with section 4, because the issue was covered against the assessee by a Larger Bench decision. Differential duty and corresponding interest, including interest on the unpaid amount of Rs. 59,911, were therefore upheld. However, penalty under section 11AC was set aside because the valuation controversy was interpretational, the industry had followed a consistent practice, and the assessee&#039;s conduct was treated as a bona fide belief rather than contumacious default.</description>
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      <title>2012 (9) TMI 640 - CESTAT, AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=216832</link>
      <description>Physician samples cleared during the relevant period were held liable to valuation on a prorata basis of the sale pack rather than under the assessee&#039;s method under Rule 8 read with section 4, because the issue was covered against the assessee by a Larger Bench decision. Differential duty and corresponding interest, including interest on the unpaid amount of Rs. 59,911, were therefore upheld. However, penalty under section 11AC was set aside because the valuation controversy was interpretational, the industry had followed a consistent practice, and the assessee&#039;s conduct was treated as a bona fide belief rather than contumacious default.</description>
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