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    <title>2023 (12) TMI 169 - CESTAT MUMBAI</title>
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    <description>Where an assessee had not consciously opted for provisional assessment, excise authorities could not treat captive clearances as provisional by implication and rework duty annually on a CAS-4 basis. The text states that valuation of semi-finished goods cleared to sister units under Rule 8, supported by CAS-4 certificates and disclosed in ER-1 returns, was sufficient to negate suppression. It further notes that, absent intent to evade duty, the extended limitation period and penalty were not attracted, and the demand and penalty were therefore unsustainable on that reasoning.</description>
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    <pubDate>Thu, 30 Nov 2023 00:00:00 +0530</pubDate>
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      <title>2023 (12) TMI 169 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=446485</link>
      <description>Where an assessee had not consciously opted for provisional assessment, excise authorities could not treat captive clearances as provisional by implication and rework duty annually on a CAS-4 basis. The text states that valuation of semi-finished goods cleared to sister units under Rule 8, supported by CAS-4 certificates and disclosed in ER-1 returns, was sufficient to negate suppression. It further notes that, absent intent to evade duty, the extended limitation period and penalty were not attracted, and the demand and penalty were therefore unsustainable on that reasoning.</description>
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      <pubDate>Thu, 30 Nov 2023 00:00:00 +0530</pubDate>
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