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2011 (8) TMI 828 - AT - Central ExciseDetermination of value of excisable goods - clearances to sister unit for captive consumption as well as to independent buyers - Gunapradhan Principle - Held That:- In view of ISPAT INDUSTRIES LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI (2006 - TMI - 47731 - SUPREME COURT OF INDIA), (a) the provisions of Rule 8 of the Valuation Rules will not apply in a case where some part of the production is cleared to independent buyers; (b) the provisions of Rule 4 are in any case to be preferred over the provisions of Rule 8 not only for the reason that they occur first in the sequential order of the Valuation Rules but also for the reason that in a case where both the rules are applicable, the application of Rule 4 will lead to a determination of a value which will be more consistent and in accordance with the parent statutory provisions of Section 4 of the Central Excise Act, 1944.
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