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2009 (3) TMI 139 - AT - Central ExciseValuation – supply through related parties – held that - in terms of Rule 10(a) of the Valuation Rules, when the excisable goods are not sold except through an interconnected undertaking the value should be determined as per Rule 9 of the Valuation Rules. As per this rule, the assessable value shall be the price charged by the related person when the excisable goods are arranged to be sold through a related person - the appellants followed the above provisions and paid duty on clearances of HSD during the material period correctly - impugned demand arises from a wrong reading of the provisions - There is no legal sanction to demand duty from CPCL in cases where the RTP charged on IOC is higher than the corresponding sale price of IOC - demand is not sustainable
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