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2017 (5) TMI 1073 - AT - Central ExciseValuation - goods manufactured by the assessee used by its another unit for captive consumption - Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules 2001 - N/N. 14/2014-CE(NT) dated 22.11.2013 - Held that: - In view of the changes in Rule 8, w.e.f. 01.12.2013, differential duty only for the period January 2012 to March 2013 and April 2013 to November 2013 has been demanded. For the period prior to that date, however, the earlier provisions of Rule 8 will therefore apply, which envisages entire quantity of goods manufactured to be used for consumption by the assessee or on its behalf. If this conditionality was not satisfied, value necessarily would have to be determined under Rule 4 of the Central Excise Valuation Rules as it existed during the period under dispute - upto 30.11.2013, appellants were required to discharge duty on the impugned clearances only as per erstwhile Rule 4 of the said Central Excise Valuation Rules 2000. Penalty - Held that: - there is no bonafide reason for resorting to undervaluation, that appellants instead deliberately suppressed and misstated material facts with intent to evade payment of duty liability - penalties justified. Appeal dismissed - decided against appellant.
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