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2015 (10) TMI 865 - AT - Central ExciseDuty demand - Insurance claim received against damaged gear boxes - gear box still lying in the factory - Held that:- As per Section 4 of the Central Excise Act, 1944 an assessee is required to pay duty of the sale of the goods or deemed to be sale of the goods manufactured by them and the same shall be transaction value. In this case, sale did not take place. It is not a case of deemed sale, as appellant is not the manufacturer of gear box.When the transaction is not covered under Section 4 of the Central Excise Act, 1944, we hold that the appellant is not required to pay duty on the amount of insurance claim for damaged gear box. - Decided in favour of assessee.
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