https://www.taxtmi.com/caselaws?id=768970 CESTAT Kolkata dismissed Revenue's appeal regarding rebate claims. The tribunal held that while rebate claims should be based on FOB value, excess duty paid on CIF value is refundable or re-creditable to ensure revenue neutrality. The extended period of limitation under Section 11A cannot be invoked when the Department had prior knowledge of the issue through previous adjudication. The tribunal ruled that mere inclusion of freight and insurance in transaction value without intent to evade duty does not constitute suppression or fraud, making the extended limitation period inapplicable. en-us Wed, 16 Apr 2025 00:00:00 +0530 Thu, 17 Apr 2025 08:37:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768970 CESTAT Kolkata dismissed Revenue's appeal regarding rebate claims. The tribunal held that while rebate claims should be based on FOB value, excess duty paid on CIF value is refundable or re-creditable to ensure revenue neutrality. The extended period of limitation under Section 11A cannot be invoked when the Department had prior knowledge of the issue through previous adjudication. The tribunal ruled that mere inclusion of freight and insurance in transaction value without intent to evade duty does not constitute suppression or fraud, making the extended limitation period inapplicable. Case-Laws Central Excise Wed, 16 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768970