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2011 (12) TMI 431 - AT - Central ExciseValuation - Method of valuation - Held that:- appellant cleared the goods from their factory during 23-4-2001 to 3-5-2001. There was no sale of the goods from the depot during this period. There was no sale of goods from the depot prior to 23-4-2001 also. The first sale of the goods from the depot was made on 8-5-2001 at the rate of Rs. 5,500/- per kg. The rate of Rs. 5,500/- per kg. continued from 8-5-2001 to 5-6-2001 in invoices No. 1 to 23. We find that the transaction value of such goods sold from the depot at or about the same time (during the period 23rd April 2001 to 3rd May 2001) is not available. Therefore, under Rule 7 of the Valuation Rules, the value of the goods under assessment shall be the transaction value of the goods sold from the depot at the time nearest to the time of removal and in the present case, the time nearest to the period of 23-4-2001 to 3-5-2001 is 8-5-2001. We, therefore, hold that the lower authorities have rightly ordered the assessment of the goods at Rs. 5,500/- per kg. at which the goods were sold on 8-5-2001 from the depot. We, therefore, find no infirmity in the impugned order - Decided against assessee.
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