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2018 (5) TMI 480 - AT - Central ExciseValuation - Speed MS/HSD - case of the Department is that in case of Speed MS/HSD, the sale price of Speed MS/HSD at which the goods are sold from their depot should be applied - even though the goods cleared from the factory, plain MS/HSD were sold from the depot as Speed MS/HSD, whether the sale value of Speed MS/HSD or plain MS/HSD nearest to the time of clearance of the goods shall apply? - Rule 7 of the Central Excise Valuation Rules, 2000 Held that: - from Rule 7, it is seen that when the goods are not sold from the place of removal but are transferred to depot from where excisable goods are to be sold after their clearance from the place of removal, but value shall be normal transaction value of such goods sold from the said other place at or about the same time and where such goods are not sold at or above the same value, at the time nearest to the time of removal of the goods under assessment. In the present case, the goods cleared from the factory is plain MS/HSD but the same goods are sold from the depot as Speed MS/HSD. Therefore, all the goods which are cleared as plain MS/HSD, which was subsequently sold as Speed MS/HSD, the sale price of such plain MS/HSD shall apply. Appeal allowed - decided in favor of appellant.
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