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    <title>2023 (11) TMI 610 - CESTAT KOLKATA</title>
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    <description>A show cause notice demanding differential duty was found unsustainable where the assessment had already been finalised by the Assistant Commissioner and the assessee had acted on that finalised price list during the relevant clearance period. The later appellate direction to include JPC Cess did not amount to any further effective finalisation before the notice was issued, so the notice was treated as belated. On the assessee&#039;s alternative factual basis, the notice was also premature because it preceded RT-12 finalisation. The plea that Section 11A did not apply was rejected, and the Supreme Court ruling cited was applied against the Revenue.</description>
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      <title>2023 (11) TMI 610 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=445719</link>
      <description>A show cause notice demanding differential duty was found unsustainable where the assessment had already been finalised by the Assistant Commissioner and the assessee had acted on that finalised price list during the relevant clearance period. The later appellate direction to include JPC Cess did not amount to any further effective finalisation before the notice was issued, so the notice was treated as belated. On the assessee&#039;s alternative factual basis, the notice was also premature because it preceded RT-12 finalisation. The plea that Section 11A did not apply was rejected, and the Supreme Court ruling cited was applied against the Revenue.</description>
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