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2016 (11) TMI 773 - AT - Central ExciseValuation - related party - clearance of goods to sister unit - payment of duty as per Rule 8 of the Valuation Rules, 2008 - Held that: - the appellants are clearing the goods not only to their sister unit but to independent buyers and paying duty on the clearance to their sister unit on the value at which the clearance made to independent buyers - reliance paced on the decision of the case of ISPAT INDUSTRIES LTD. Versus COMMISSIONER OF C. EX., RAIGAD [2007 (2) TMI 5 - CESTAT, MUMBAI] where it was held that the provisions of Rule 8 of the Valuation Rules will not apply in a case where some part of the production is cleared to independent buyers - the provisions of Rule 4 are in any case to be preferred over the provisions of Rule 8 not only for the reason that they occur first in the sequential order of the Valuation Rules but also for the reason that in a case where both the rules are applicable, the application of Rule 4 will lead to a determination of a value which will be more consistent and in accordance with the parent statutory provisions of Section 4 of the Central Excise Act, 1944. Appeal allowed - decided in favor of appellant.
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