https://www.taxtmi.com/caselaws?id=53221 Duty on inputs cleared as such was sustained, but the corresponding penalty was set aside because the record did not show fraud, wilful misstatement, collusion or suppression of facts. Sorting and loading charges borne by buyers formed part of the assessable value under Section 4 since they were incurred before the goods left the factory gate, yet penalty under Section 11AC was not warranted for want of suppression or misstatement. Notification No. 67/95-C.E. was construed as excluding inputs used in exempted final products, not capital goods used in the manufacture of exempted or nil-rated products, so the demand on captively consumed tools was set aside along with the related penalty. en-us Thu, 06 May 2004 00:00:00 +0530 Mon, 11 Oct 2010 16:24:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53221 Duty on inputs cleared as such was sustained, but the corresponding penalty was set aside because the record did not show fraud, wilful misstatement, collusion or suppression of facts. Sorting and loading charges borne by buyers formed part of the assessable value under Section 4 since they were incurred before the goods left the factory gate, yet penalty under Section 11AC was not warranted for want of suppression or misstatement. Notification No. 67/95-C.E. was construed as excluding inputs used in exempted final products, not capital goods used in the manufacture of exempted or nil-rated products, so the demand on captively consumed tools was set aside along with the related penalty. Case-Laws Central Excise Thu, 06 May 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53221