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2015 (9) TMI 1264 - AT - Central ExciseWaiver of pre-deposit of duty - Determination of assessable value of manufactured goods cleared to their sister concern on payment of duty - penalty u/s 11AC - Held that:- Tribunal by its order dated 6th March, 2008 remanded the case to the adjudicating authority for verification of the appellant’s claim on the availability of sale price of goods and to determine the assessable value in accordance with the decision of Larger Bench of this Tribunal in Ispat Industries Ltd. case (2007 (2) TMI 5 - CESTAT, MUMBAI). After carrying out necessary verification, the adjudicating authority dropped the demand wherever the Appellant could produce the evidence of sale to independent buyers but confirmed the demand wherever the appellant could not substantiate the availability of sale price to independent buyers by producing relevant sales invoices. - to meet the end of justice, it is prudent to remand the case to the adjudicating authority for deciding the issue afresh by taking into consideration all the relevant invoices and other evidences that would be produced by the appellant during the course of adjudication so as to ascertain whether during the relevant sale price to independent buyers were available. It is also directed that the appellant would deposit ₹ 5.00 Lacs as offered by them within a period eight weeks and report compliance directly to the Commissioner. - Decided partly in favour of assessee.
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