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2018 (5) TMI 819 - AT - Central ExciseValuation - goods cleared to sister concern - related party transaction or not? - applicability of Rule 8 and Rule 9 of Central Excise valuation Rules, 2000 - Held that: - the goods have been cleared from their factory at Pitampur to their sister concerned at Parol and Kohlapur. Under such circumstances Rule(8) of the Central Excise Valuation Rule would apply for the purpose of charging Central Excise duty made on the basis of 110 % of the cost of production of a as per the CAS 4 certificate. Reliance placed in the case of M/s Indore Composite Pvt. Limited Versus CCE, Indore [2017 (10) TMI 191 - CESTAT NEW DELHI], where it was held that Both units are owned by the same company and there is no sale involved in the transfer of goods from one unit to another. Under such circumstances, Rule 8 of Central Excise Valuation Rules specifically prescribes that the valuation for purpose of charging of excise duty is required to be made on the basis of 110% of the value of the goods ascertained as per the CAS-4. Appeal dismissed - decided against appellant.
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