Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 1928 - AT - Central ExciseValuation - captive consumption - Rule 8 of the Central Excise Valuation Rules (Determination of price of excisable goods), 2000 - revenue neutrality - HELD THAT:- Although the valuation adopted by the appellant is not correct in view of the decision of Hon’ble Tribunal in the case of ISPAT INDUSTRIES LTD. VERSUS COMMISSIONER OF C. EX., RAIGAD [2007 (2) TMI 5 - CESTAT, MUMBAI] but it is fact that the adjudicating authority has not considered the issue of revenue neutrality - It has been held number of decisions where there is revenue neutrality situation there is no justification in issuing a confirming the demand as the whole exercise will be only academic one. The demand is required to be reconsidered and appropriate order is required to be passed considering the above judgement - Appeal allowed by way of remand.
|