2005 (8) TMI 160

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....ards of all sorts became dutiable w.e.f 18-5-1995. But the appellants cleared such goods without payment of duty during the period 29-11-95 to 30-9-96. The original authority demanded duty of Rs. 1,09,728/- on those clearances and imposed a penalty of Rs. 5,000/- on the party. The first appellate authority upheld the demand of duty but, in a lenient view, set aside the penalty. Hence the assessee ....

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....ct to them. We find that this grievance is genuine. When the assessee is called upon to pay duty on the goods in question, they should be allowed to avail input-duty credit. It is equally necessary that they should be allowed to deduct duty from sale price of the goods for the purpose of arriving at the assessable value for the purpose of demand of duty, in terms of Section 4(4)(d)(ii) of the Cent....