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    <title>2005 (6) TMI 109 - CESTAT, MUMBAI</title>
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    <description>Valuation of excisable goods cleared against approved tenders was examined with reference to Rule 9 read with Rule 8 of the valuation rules, and the Tribunal stressed that the valuation formula, if applicable, must be applied consistently across all removals for the relevant period with adjustment of excess and short duty payments before any net demand is determined. It also noted that the Commissioner had not properly examined the assessee&#039;s charts showing clearances above and below the formula values, and that the available material did not justify an inference of deliberate evasion for invoking the extended limitation under the proviso to Section 11A(1). The order was set aside and the matter remanded for fresh determination, with all issues kept open.</description>
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    <pubDate>Fri, 24 Jun 2005 00:00:00 +0530</pubDate>
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      <title>2005 (6) TMI 109 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=54137</link>
      <description>Valuation of excisable goods cleared against approved tenders was examined with reference to Rule 9 read with Rule 8 of the valuation rules, and the Tribunal stressed that the valuation formula, if applicable, must be applied consistently across all removals for the relevant period with adjustment of excess and short duty payments before any net demand is determined. It also noted that the Commissioner had not properly examined the assessee&#039;s charts showing clearances above and below the formula values, and that the available material did not justify an inference of deliberate evasion for invoking the extended limitation under the proviso to Section 11A(1). The order was set aside and the matter remanded for fresh determination, with all issues kept open.</description>
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      <pubDate>Fri, 24 Jun 2005 00:00:00 +0530</pubDate>
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