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    <title>2024 (7) TMI 328 - CESTAT BANGALORE</title>
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    <description>Extended limitation for duty demand could not be invoked because the earlier period had already been accepted in the assessee&#039;s favour on the same facts, and no fraud, suppression, or fresh basis for reopening was shown. Imported brushless DC/axial fans were not assessable on MRP basis under Section 4A because Section 4A applies only when law requires a retail sale price declaration; the goods were for industrial or institutional use and were exempt under the Legal Metrology (Packaged Commodities) Rules, 2011 from that declaration. The goods were therefore assessable under Section 4 on transaction value, and the demand based on MRP valuation and reopened limitation failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=755108</link>
      <description>Extended limitation for duty demand could not be invoked because the earlier period had already been accepted in the assessee&#039;s favour on the same facts, and no fraud, suppression, or fresh basis for reopening was shown. Imported brushless DC/axial fans were not assessable on MRP basis under Section 4A because Section 4A applies only when law requires a retail sale price declaration; the goods were for industrial or institutional use and were exempt under the Legal Metrology (Packaged Commodities) Rules, 2011 from that declaration. The goods were therefore assessable under Section 4 on transaction value, and the demand based on MRP valuation and reopened limitation failed.</description>
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