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2018 (7) TMI 159 - AT - Central ExciseValuation of goods cleared by the appellant to its subsidiary - related party transaction or not - The view of the department is that central excise duty is required to be paid, in terms of Rule 10 of the Valuation Rules, 2000 at the price at which the subsidiary sells the goods to independent buyers - Held that:- The applicability of Rule 10 of the Central Excise Valuation Rules, 2000 and the circumstances in which it can be applied have been clarified by the CBEC vide their Circular dated 01.07.2012, where it was held that when goods are partly sold to related persons and partly to independent buyers, there will be no applicability of Rule 10. The Rule 10 will be applicable only in those cases where 100% of the goods are sold through related persons - There is no justification for insistance on payment of duty at the price at which the goods are sold by the related persons It is the submission of the appellant that the mutually agreed price at which goods are sold to the related persons is at par with the price of such goods sold to independent buyers. We also note that related details also have been submitted before the Adjudicating Authority. But we find from the impugned order that this aspect has not been discussed by him - the Adjudicating Authority is directed to consider this submission made by the appellant and accept the mutually agreed price if it is on par with the selling price to independent buyers. Appeal allowed by way of remand.
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