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2017 (9) TMI 1253 - AT - Central ExciseValuation - related party transaction - High Tensile Stranded Iron & Steel Wires - some excisable goods are also sold to independent buyers at the same rate - department is of the view that in respect of sales of goods to related persons, the same cannot be assessed on the price sold to independent buyers, but will need to be charged to duty at the rates determined on the basis of cost of production on which profit margin is added - Held that: - Rule 8 & 9 comes into play when goods are sold by an assessee only through related person and not when goods are sold both to related persons and independent buyers - similar issue decided in the case of ISPAT INDUSTRIES LTD. Versus COMMISSIONER OF C. EX., RAIGAD [2007 (2) TMI 5 - CESTAT, MUMBAI], where it was held that provisions of Rule 8 would apply only in case where its entire production production of a particular commodity is captively consumed - appeal allowed - decided in favor of appellant.
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