TMI Blog2017 (1) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... where it was held that Since the transaction value of the excisable goods is available and not all the excisable goods are captively consumed, the provisions of Rule 8 as prevailing during the relevant time will not apply to the assessee. Appeal allowed - decided in favor of appellant. - E/407/2010-EX [DB] - 55904/2016 - Dated:- 19-12-2016 - Dr. Satish Chandra, President And Mr. Ashok K. Arya, Member (Technical) Sh. B.L. Narsimhan, Ld. Advocate for the appellant Sh. Yogesh Agarwal, Ld. AR for the respondent ORDER Per Ashok K. Arya 1. M/s Steel Authority of India is in appeal against Commissioner, Raipur s order dated 28.11.2009 whereunder demand of duty along with the interest was confirmed and a penalty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lues at which aforesaid clearances were made by the appellant, the department found that in respect of IPT clearances of concast slabs made by the appellant to its Salem plant during April-June 2007 and December 2007-March 2008, the assessable value was less than 110% of the cost of production in terms of Rule 8 of the Valuation Rules. Thus, the department had requested the appellant to pay the differential duty, and the appellant paid the same amounting to ₹ 3,63 ,59,332/-. However, the department, later on, contended that the appellant did not pay the interest of ₹ 25,98,465/- on the said amount of ₹ 3,63,59,332/-; and also did not pay the differential duty of ₹ 1,22,825/- on the ITO clearances made in its own plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cleared to the independent buyers and at the same price, the goods are being cleared to the other units. The appellants relied upon the decision of the Larger Bench of the Tribunal in the case of Ispat Industries Ltd. v. CCEx., Raigad reported in 2007 (209) ELT 185(Tri.-LB) to submit that where a part of the production is cleared to the independent buyers. Therefore, the provision of Rule 8 of the Valuation Rules are not applicable in respect of the goods which are cleared to other units. 3.. 4. Undisputed facts are that the appellants cleared 99% goods to the independent buyers. There is no dispute in this regard. Some portion of the production is cleared to the other units of the appellants and we find that the ratio of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
