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2012 (3) TMI 369 - AT - Central ExciseWaiver of pre deposit - appellant who have paid excise duty in respect of the goods supplied to their sister concern M/s. Nalwa Steel Pvt. Ltd. in accordance with Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - Held that:- during the relevant period the appellant had supplied pig iron, rails, etc., to its sister concern M/s. Nalwa Steel Pvt. Ltd. as also independent buyers for consideration. It is also not in dispute that the appellant raised invoices for the supplies made to the sister concern and charged consideration amount and also paid the excise duty on cost basis in accordance with Section 4 of the Central Excise Act, 1944. Plea of the Department is that since M/s. Nalwa Steel Pvt. Ltd. falls within the definition of related party as defined under Section 4(3)(b)(i), the appellant ought to have assessed the excise duty payable as per Rule 8 of the Valuation Rules - prima facie the excise duty paid by the appellant in respect of goods sold to the sister concern on the basis of sale consideration as per Section 4(3)(b)(i) of the Central Excise Act cannot be faulted. Thus, we conclude that appellant has been able to make out a prima facie case justifying the waiver of pre-deposit of duty demand with interest and penalty - Stay granted.
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