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2017 (5) TMI 1816 - AT - Central ExciseMethod of valuation - Rule 8 read with Rule 9 of the Central Excise (Valuation) Rules, 2000 or not - clearing goods to their alleged sister unit as well as the independent buyers - HELD THAT:- Admittedly, the said issue came up before the Larger Bench of this Tribunal in the case of ISPAT INDUSTRIES LTD. VERSUS COMMISSIONER OF C. EX., RAIGAD [2007 (2) TMI 5 - CESTAT, MUMBAI], wherein it is held that when the assessee is clearing goods to sister unit as well as to independent buyers at the same price, in that circumstance, Rule 8/Rule 9 of the valuation rules are not applicable. Further, it is found that in the case of M/S HH INTERIOR AND AUTO COMPONENTS LTD., SHRI. PARVESH SONI, SHRI. RAJEEV KUMAR RAI VERSUS CCE, DELHI-IV, FARIDABAD [2017 (1) TMI 1229 - CESTAT CHANDIGARH], this issue came up before this Tribunal and this Tribunal held that in such case Rule 8/Rule 9 of the Central Excise (Valuation) Rules, 2000, are not applicable and no charge of under valuation is sustainable. The charge of under valuation is not sustainable against the appellants as they cleared goods to sister unit as well as to independent buyers at the same price - There are no merit in the impugned order and no force of the argument advanced by the Ld. AR. Appeal allowed.
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