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2019 (10) TMI 492 - AT - Central ExciseValuation - goods sold at Factory Gate - Finalization of their provisional assessment in respect of captive consumption - application of Rule 6(b) of the Valuation Rules 1988 - “normal price” for the purpose of determination of value under Section 4 of the Central Excise Act, 1944 - HELD THAT:- The fact of undervaluation as determined by the Assistant Commissioner is based on the documents and records of the Appellant and their own submissions. Appellants have not disputed the said findings but have challenged the order merely on the ground with regards to the applicability of certain decisions wherein it has been held that value in case of captively consumed goods should be determined on the basis of factory gate sale price. For the re-determination of the value in respect of the goods consumed captively the matter needs to be remitted back to the original authority for deciding the issue after taking into consideration. In respect of the stock transfers to the depot for the sale from depot the value in terms will have to be finally determined in terms of Section 4(2) of the Central Excise Act, 1944. Thus it will be the sale price of the said goods stocked transferred to the depot, when sold to independent buyers and the sale price being the consideration for sale. Thus appellants have to satisfy the adjudicating authority with reference to the actual sale price from the depot for finalization of the value as per Section 4(2) - Hence in this respect also the matter needs to be remitted back to original authority for reconsideration. Matter remanded back to original authority for redetermination of the issues - appeal allowed by way of remand.
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