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TMI Blog2019 (6) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... as a "deemed export" under the provisions of Foreign Trade Policy issued from time to time. The transaction value adopted for such supply of PTA to buyers under the category of "deemed export" was lesser than the transaction value for other domestic supplies around the same time. The Department was of the view that the appellant had undervalued clearances of PTA made to such deemed export category buyers. For the clearance made to deemed export, during the period April, 2000 to November, 2006, the Department proposed to demand differential duty by adopting the transaction value for other domestic suppliers. 11 show-cause notices were issued for demanding differential duty for the above period. 9 show-cause notices were decided by issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Excise & Cus., Rajkot reported in 2009 (244) ELT 254 (Tri.- Ahmd.). The Majority decision held that the demand even within the normal time limit, will not be payable on the ground of revenue neutrality. 4. The Spl.Counsel on behalf of Revenue, emphasized the fact that the issue on merit is decided in favour of Revenue. He opposed the claim of the appellant that they will be entitled to the benefit of bonafide belief. He emphasizes the fact that the adjudicating authority has observed that the appellant had suppressed the facts and as such, he submitted that the demand for the entire period in dispute may be upheld. 5. We have heard both sides at length and perused the records. 6. The crux of the dispute in the present case is whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Visakhapatnam Steel Plant to the Respondents. The value received therefrom is includable in the price. The Tribunal was wrong in stating that such an arrangement can never be placed upon the platform of additional consideration. In so stating the Tribunal has ignored and/or lost sight of the fact that it was in pursuance of the contract of sale between Respondents and M/s. Visakhapatnam Steel Plant that the Licences were made available to Respondents. The Export and Import Policy had nothing to do with the arrangement/contract under which the Licences flowed from the buyer to the seller. At the costs of repetition it must be mentioned that had the Respondents had Advance Intermediate Licence on their own i.e. without M/s. Visakhapatnam S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be added. Hence, we are of the view that the Revenue is not justified in invoking the extended period of limitation by alleging suppression of facts. Consequently, the demand is to be restricted to normal time limit. Further in the facts and circumstances of the present case, we set aside the penalty." 8. On behalf of the appellant, it has also been argued that the demand even within the normal time limit, is not payable on the ground of revenue neutrality. In support, they relied upon the decision of the Ahmedabad Bench of the Tribunal in the case of Reliance Industries Ltd. (supra). After going through the said decision, we find that the said case is distinguishable to the facts of the present case. We note that in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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