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    <title>2006 (9) TMI 541 - CESTAT KOLKATA</title>
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    <description>Duty on lubricating oil cleared in bulk to depots could not be assessed on the higher price realised after repacking into smaller containers at the depots, because valuation had to follow the price basis applicable to the goods as cleared from the factory under section 4. The Tribunal also accepted that the demand was barred for the major part of the period on limitation grounds. As the valuation demand failed, the consequential penalty and interest were unsustainable and were set aside. The impugned demand and related consequences were annulled.</description>
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    <pubDate>Fri, 08 Sep 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=174515</link>
      <description>Duty on lubricating oil cleared in bulk to depots could not be assessed on the higher price realised after repacking into smaller containers at the depots, because valuation had to follow the price basis applicable to the goods as cleared from the factory under section 4. The Tribunal also accepted that the demand was barred for the major part of the period on limitation grounds. As the valuation demand failed, the consequential penalty and interest were unsustainable and were set aside. The impugned demand and related consequences were annulled.</description>
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