TMI Blog2017 (10) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... to the independent customers. The said sale price has been adopted for discharging the excise duty by the appellant. Since in the present case sale price of the very same goods is available and same has been accepted by appellant for discharging excise duty there is no need to resort to valuation rules under Section 4(1)(b). Appellant have correctly applied the value on the basis of sale price at which principle had sold the goods - appeal allowed - decided in favor of appellant. - E/3395/06, E/1529, 1530, 1445/07 - A/89762-89765/17/EB - Dated:- 28-9-2017 - Mr Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) Shri. Gajendra Jain, Advocate for the Appellants Shri. Ajay Kumar, Addl. Commissioner(A.R.) for the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e orders in originals appellant filed appeal before the Commissioner(Appeals) who except reducing penalty, upheld the confirmation of duty and remaining penalty and interest, therefore appellant are before us. 2. Shri. Gajendra Jain, Ld. Counsel for the appellant submits that appellant have adopted the actual sale price at which principle M/s Tisco have sold the goods to the independent customers, therefore when sale price is available there is no need to resort to any deemed sale price and appellant discharged the correct duty liability. In support of his submission, he placed reliance on the following judgments: (a) Commissioner of Central Excise, Pune Vs. Mahindra Mahindra Ltd[2017(348)ELT 733 (Tri. Mum)] (b) Taloja Stee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e capacity of the job worker for their principle M/s. TISCO, the same is sold by the M/s. TISCO to the independent customers. The said sale price has been adopted for discharging the excise duty by the appellant. Since in the present case sale price of the very same goods is available and same has been accepted by appellant for discharging excise duty there is no need to resort to valuation rules under Section 4(1)(b). This issue has been considered by the Hon ble Supreme Court in the case of Commissioner v. Ispat Industries Ltd. - 2014 (301) E.L.T. A70 (S.C.) wherein it was held that when the sale price of the similar goods is available in such case even if the goods is not sold the valuation should be arrived at on the basis of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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