2016 (9) TMI 571

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....t : Mr. Tajender K. Joshi, Advocate Rajesh Bindal, J. The revenue has filed the present appeal on the following substantial questions of law arising out of the order dated 19.08.2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, the Tribunal):- "(i) Whether the CESTAT was right in dropping the demand towards duty pertaining to the extended period ....

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....e added in the assessable value? (iv) Whether any amount of concession on sales tax retained by the respondent is required to be added in the assessable value as per CBEC Circular F.No. 354/81/2000-TRU dated 30.6.2000 or not? (v) Whether the Hon'ble Tribunal was justified in setting aside the consequential penalty imposed upon the respondent when the Tribunal had itself held that the amo....

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....ssessee. Once the assessee was found to be at fault in view of the law laid down by Hon'ble the Supreme Court, the extended period of limitation should have been permitted. After hearing learned counsel for the appellant, we do not find any merit in the present appeal. The Tribunal has dealt with the issue of limitation in para no.5 of the order, which is extracted below:- "The responden....

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....ion which is sought to be demanded from the respondent are set aside. Consequently, the penalties on the respondents are not imposable." In the aforesaid para, circular dated 30.06.2000 issued by Central Board of Excise and Customs (to be called as 'the Board') providing that any amount of concession on sales tax retained by the assessee is not required to be added in the assessable val....