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    <title>2018 (10) TMI 954 - CESTAT CHANDIGARH</title>
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    <description>Testing charges recovered for transformers were includible in assessable value because the testing was undertaken before clearance; charges for pre-clearance activities form part of transaction value even if later reimbursed by the buyer, so undervaluation was established. However, the extended period of limitation was not sustainable because the assessee operated under Notification No. 56/2002-CE and was entitled to refund or self-credit of duty through PLA, and no mala fide or suppression was shown. Penalty also failed once the extended period was set aside. The demand survived only for differential duty and interest for the normal period.</description>
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      <link>https://www.taxtmi.com/caselaws?id=368988</link>
      <description>Testing charges recovered for transformers were includible in assessable value because the testing was undertaken before clearance; charges for pre-clearance activities form part of transaction value even if later reimbursed by the buyer, so undervaluation was established. However, the extended period of limitation was not sustainable because the assessee operated under Notification No. 56/2002-CE and was entitled to refund or self-credit of duty through PLA, and no mala fide or suppression was shown. Penalty also failed once the extended period was set aside. The demand survived only for differential duty and interest for the normal period.</description>
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