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    <title>2015 (2) TMI 559 - CESTAT MUMBAI</title>
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    <description>Where processing charges were omitted from assessable value, the text states that no fraud, wilful misstatement, suppression of facts, or intent to evade duty was shown, so the extended period of limitation could not be invoked and the demand was time-barred. It further states that excess duty paid after a 15% notional profit loading had to be adjusted against the alleged short payment, and once that adjustment was made, the demand did not survive. On that basis, denial of deemed credit under Notification No. 6/2002-CE (NT) for home consumption and export clearances was unsustainable, and the credit was correctly availed.</description>
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    <pubDate>Wed, 13 Aug 2014 00:00:00 +0530</pubDate>
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      <title>2015 (2) TMI 559 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=256559</link>
      <description>Where processing charges were omitted from assessable value, the text states that no fraud, wilful misstatement, suppression of facts, or intent to evade duty was shown, so the extended period of limitation could not be invoked and the demand was time-barred. It further states that excess duty paid after a 15% notional profit loading had to be adjusted against the alleged short payment, and once that adjustment was made, the demand did not survive. On that basis, denial of deemed credit under Notification No. 6/2002-CE (NT) for home consumption and export clearances was unsustainable, and the credit was correctly availed.</description>
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