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2015 (5) TMI 627 - SC - Central ExciseValuation - Captive consumption - price shown for various models of VIT cleared for captive consumption of the appellant's own unit at Nasik is much lesser than the price at which the appellant had been selling such products to the other parties - Held that:- In the chart the quantity which was cleared by the appellant for its Nasik unit for the year 1997 is shown in tabulated form in respect of second and fourth model. Insofar as VIT model WL-34599 C-I is concerned, we find that the goods which were cleared by the appellant for its Nasik unit show the value between ₹ 10,700/- to ₹ 13,000/- at different periods. However, the Assessing Authority has fixed the value at ₹ 22,650/- only on the ground that one party, viz., M/s. Ovac Switchgear this very product was supplied at that rate - it was only one unit which was supplied to the said period. In comparison there are sales made to another party, viz., Beicco Lawrie and the price charged from the said party is ₹ 12,500/- during 1997-1998, 1998-1999, 1999-2000 and ₹ 11,400/- for the year 2000-2001. This is almost comparable price at which the goods were cleared for its Nasik unit. Therefore, in respect of this model the goods which were cleared by the appellant for its Nasik unit should have been accepted and the price could not have been fixed at ₹ 22,650/-. - Decided partly in favour of assessee.
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