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    <title>2018 (1) TMI 641 - MADRAS HIGH COURT</title>
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    <description>Consequential penalty could not be sustained once the principal Modvat credit denial had been set aside, because the penalty had to follow the fate of the main demand. The assessable value also had to be re-examined on the basis of the cum-duty price, as that valuation plea had been raised but not specifically decided and required fresh consideration by the adjudicating authority. The matter was therefore remitted for re-determination of value and reconsideration of the penalty consequence in line with the substantive finding.</description>
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      <description>Consequential penalty could not be sustained once the principal Modvat credit denial had been set aside, because the penalty had to follow the fate of the main demand. The assessable value also had to be re-examined on the basis of the cum-duty price, as that valuation plea had been raised but not specifically decided and required fresh consideration by the adjudicating authority. The matter was therefore remitted for re-determination of value and reconsideration of the penalty consequence in line with the substantive finding.</description>
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