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2008 (8) TMI 331 - CESTAT, BANGALOREValuation – place of removal is consignment agent – goods removed from factory to depot thereafter depot to consignment agent - The value is always determined at the time of removal from the factory on the basis of price prevailing in the depot. From the depot, if the goods go to the consignment agent, one need not bother about the price at which the consignment agent sells them. It is not the case of the Department that as a scheme, the appellants have been removing the goods to their own warehouse and subsequently removing the duty paid excisable goods from the warehouse to the consignment agents. The stock transfer from the warehouse to the consignment agents are in the course of business - There is no need for chasing the goods to determine the value – demand is not sustainable.
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