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2015 (5) TMI 445 - AT - Central ExciseValuation of goods - Section 4 - whether the amount of ₹ 49.36 allowed to be retained by the respondents from the price or not - Held that:- adjudicating authority has dealt with valuation issue in detail and dropped the proceedings by relying on this Bench of the Tribunal in the case of Mahadev Industries Vs CCE Belgaum [1999 (6) TMI 202 - CEGAT, MADRAS] and also by relying on the Hon'ble Supreme Court's decision in the case of Dai Ichi Karkaria (1999 (8) TMI 920 - SUPREME COURT OF INDIA). The lower appellate authority also in the impugned order upheld the above order by relying this Bench decision on the identical issue in the case of CCE Coimbatore Vs Kottukulam Engineers. We find that in the present case, the respondent has rightly discharged the excise duty as per contract price of ₹ 712.86 per sleeper which is a sale price. As per Section 4, the price at which the goods are cleared to the railways is the transaction value. In this case, the respondents have rightly discharged excise duty. Therefore, the appellate authority, by relying on the decision of Hon'ble Supreme Court as well as this Bench order (supra), has rightly upheld the adjudication order. We do not find any reason to interfere with the same - Decided against Revenue.
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