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2012 (4) TMI 506 - AT - Central ExciseWaiver of pre deposit - Duty demand - Incorrect valuation of final products - Held that:- valuation is sought to be enhanced by the authorities, on the ground that the goods which are cleared by the appellants to their ICUs are sold by them on higher price. Learned adjudicating authority has proceeded on the ground that Rule 10 of Valuation Rules will apply. On perusal of the said Rule 10, we find that prima facie this Rule will not apply, as the said Rule talks about the arrangement of an assessee for sale of excisable goods, except to or through ICUs. In this case, we find that and it is undisputed that the appellant had sold their finished goods to independent buyers also and to their ICUs - valuation of the goods done by the appellants, even if Rule 11 of the Valuation Rules has to be applied, would lead to, prima facie, to the transaction value of the goods sold by the appellants to the independent buyers. In sum, we find that the appellants have made out a prima facie case for the waiver of pre-deposit of amounts involved - Stay granted.
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