TMI Blog2014 (10) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, as may be prescribed. Central Excise Valuation (Determination of Price of Excisable Goods), Rules, 2000 has been framed for this purpose. Value as per Valuation Rules is defined to mean, the value referred to Section 4 of the Act. Accordingly, we are of the opinion that even for the purpose of Rule 8 of the Valuation Rules, cost of manufactured goods is to be taken for calculating the value as the said cost at the time and place of removal of the goods. As such, the assessee ought to have taken the cost of production prevailing during the relevant period of removal of the said goods to their sister units. According to Rule 7 of the Central Excise Rules, 2002, where the assessee is unable to determine the value of excisable goods, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he duty @110% of the cost of production, as per Rule 8 of the Valuation (Determination of Prices of Excisable Goods) Rules, 2000. While arriving the cost of production they have adopted the data for earlier period. The Department is of the view that for determining the assessable value, the Applicant should have taken the data for cost of production of the relevant period instead of previous period. The ld. Advocate submitted that they have resorted to taking data for the previous quarters, as it was not possible for them to ascertain the actual cost of production for a particular quarter prevailing in that quarter only. It is stated that the Department in the show cause notice, only selected certain transaction where the cost determined wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are of the opinion that even for the purpose of Rule 8 of the Valuation Rules, cost of manufactured goods is to be taken for calculating the value as the said cost at the time and place of removal of the goods. As such, the assessee ought to have taken the cost of production prevailing during the relevant period of removal of the said goods to their sister units. As regards the contention of the assessee that they cannot be compelled to resort to provisional assessment, we find that according to Rule 7 of the Central Excise Rules, 2002, where the assessee is unable to determine the value of excisable goods, they may request the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excises, as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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