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    <title>2018 (10) TMI 264 - CESTAT AHMEDABAD</title>
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    <description>A demand cannot be revived against an assessee when the earlier appellate order in its favour was not challenged and had attained finality; the duty demand was therefore unsustainable. In related-person valuation disputes under Section 4(1)(a) of the Central Excise Act, comparable sales to independent buyers can defeat a resale-price based undervaluation theory, especially where the price to the related concern is near normal market value and reflects a business discount. The Tribunal also found bona fide belief on job-work valuation, so the extended limitation period was unavailable. The remaining duty demands, penalties, and confiscation were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=368298</link>
      <description>A demand cannot be revived against an assessee when the earlier appellate order in its favour was not challenged and had attained finality; the duty demand was therefore unsustainable. In related-person valuation disputes under Section 4(1)(a) of the Central Excise Act, comparable sales to independent buyers can defeat a resale-price based undervaluation theory, especially where the price to the related concern is near normal market value and reflects a business discount. The Tribunal also found bona fide belief on job-work valuation, so the extended limitation period was unavailable. The remaining duty demands, penalties, and confiscation were set aside.</description>
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      <pubDate>Wed, 03 Oct 2018 00:00:00 +0530</pubDate>
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