https://www.taxtmi.com/caselaws?id=447420 CESTAT Kolkata held that sales tax concession retained by appellant must be included in assessable value for Central Excise duty levy, following SC precedent in Super Synotex case. However, extended period of limitation was deemed non-invocable as appellant had relied on conflicting tribunal decisions and disclosed VAT details in audited accounts, showing no suppression. Penalty under Section 11AC was set aside as adjudicating authority failed to establish positive act of suppression. Board Circular 1063/2/2018 supported non-invocation of extended period in such cases. Appeal allowed partially - duty confirmed for normal period but penalty removed. en-us Wed, 06 Dec 2023 00:00:00 +0530 Tue, 26 Dec 2023 08:36:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447420 CESTAT Kolkata held that sales tax concession retained by appellant must be included in assessable value for Central Excise duty levy, following SC precedent in Super Synotex case. However, extended period of limitation was deemed non-invocable as appellant had relied on conflicting tribunal decisions and disclosed VAT details in audited accounts, showing no suppression. Penalty under Section 11AC was set aside as adjudicating authority failed to establish positive act of suppression. Board Circular 1063/2/2018 supported non-invocation of extended period in such cases. Appeal allowed partially - duty confirmed for normal period but penalty removed. Case-Laws Central Excise Wed, 06 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447420