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2018 (3) TMI 686 - AT - Central ExciseValuation - captive consumption - Rule 8 of the Central Excise Valuation Rules - Department was of the view that for goods which have been captively consumed, Rule 8 of the Central Excise Valuation Rules will be applicable and the value needs to be computed on the basis of the cost construction @ 110% of the CAS-4 value - Held that: - when goods are partially consumed by independent buyers, it is not mandatory that the goods cleared for captive consumption has to be valued on the basis of cost construction. It is valid to take the transaction value of independent buyers i.e. comparable prices for adopting of payment of Central Excise duty. The respondent-assessee has, in fact, paid the duty on the basis of the transaction value of goods cleared to independent buyer - appeal dismissed - decided against Revenue.
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