Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 718 - AT - Central ExciseMethod of Valuation - transaction value or MRP based value - supplies made to institutional consumers - case of the department is that the sale made to institutional consumers is not meant for retail sale, therefore, the valuation of such goods should be done under Section 4 read with Standards of Weights and Measures (Packages Commodities), Rules, 1977 - Held that: - though the goods were sold to institutional consumer but admittedly MRP was affixed on such product. Due to this reason goods were manufactured with intention to sale in retail market that goods are intended to be sold in retail and MRP is affixed. Therefore valuation for of charging excise duty should be under Section 4A even though the goods are sold to the institutional buyer - even though the package of the goods is marked for industrial use but since the goods bore the MRP, the valuation should be done under Section 4A and not under Section 4 of the CEA, 1944. The valuation adopted by the appellant under Section 4A is correct and legal - appeal allowed - decided in favor of appellant.
|