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2011 (4) TMI 1197

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..... d 20.4.2010 against the contention sought to be raised by the assessee - Decided against the assessee. Quantification of duty and interest - Held that:- The same will have to be calculated by the adjudicating authority bearing in mind the decision of the Larger Bench - Therefore, the matter will have to be remanded for that purpose. Penalty - Held that:- Once it is undisputed fact that there .....

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..... by the dealers from the buyers of the cars are to be included in the assessable value of the cars in the light of the definition of the transaction value in Section 4(3)(d) of the Central Excise Act, 1944. The same stands already answered by the Larger Bench in this very case under order dated 20.4.2010 against the contention sought to be raised by the assessee. The only other point now remains i .....

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..... e set aside the penalty levied against the appellants in the matter in hand. 5. In the result, the appeal is disposed of in terms of the order by the Larger Bench as stated above while setting aside the penalty and the matter is remanded to the adjudicating authority to re-quantify the duty liability along with interest payable by the appellants bearing in mind the decision of the Larger Bench o .....

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