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    <title>Dispute Over Valuation of Power Units Resolved; Appeal Allowed, Penalty Deemed Unsustainable Without Duty Determination.</title>
    <link>https://www.taxtmi.com/highlights?id=78317</link>
    <description>The case involved a dispute over the valuation of power units supplied by one party to another, leading to a demand for differential duty, interest, and penalty. The appellant undervalued components supplied, resulting in undervaluation of the power units. The appellant&#039;s argument that they were not liable to pay duty under a different rule was rejected as they had chosen a specific duty payment procedure. The recalculation of interest was found to be time-barred under Section 11A. The penalty imposed under Section 11AC was deemed unsustainable as duty determination under Section 11A was lacking. The decision was in line with the Supreme Court&#039;s ruling that penalty under Section 11AC applies only after a duty determination under Section 11A. The appeal was allowed in favor of the appellant by the CESTAT.</description>
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    <pubDate>Mon, 10 Jun 2024 07:44:34 +0530</pubDate>
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      <title>Dispute Over Valuation of Power Units Resolved; Appeal Allowed, Penalty Deemed Unsustainable Without Duty Determination.</title>
      <link>https://www.taxtmi.com/highlights?id=78317</link>
      <description>The case involved a dispute over the valuation of power units supplied by one party to another, leading to a demand for differential duty, interest, and penalty. The appellant undervalued components supplied, resulting in undervaluation of the power units. The appellant&#039;s argument that they were not liable to pay duty under a different rule was rejected as they had chosen a specific duty payment procedure. The recalculation of interest was found to be time-barred under Section 11A. The penalty imposed under Section 11AC was deemed unsustainable as duty determination under Section 11A was lacking. The decision was in line with the Supreme Court&#039;s ruling that penalty under Section 11AC applies only after a duty determination under Section 11A. The appeal was allowed in favor of the appellant by the CESTAT.</description>
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