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2021 (11) TMI 297 - AT - Central ExciseMethod of Valuation - prototype vehicles - goods cleared from the factory on payment of duty under self invoice on the comparable value of the similar vehicle applying Section 4(1)(b) of Central Excise Act, 1944 and Rule 4 of Central Excise Valuation Rules, 2000 - case of the department is that in the transaction of prototype since it is not sale value should be determined in terms of Rule 8 of the Central Excise Valuation Rules, 2000 - HELD THAT:- The fact which is not under dispute is that the appellant have manufactured prototype vehicle and cleared for various testing on self consumption basis, the said motor vehicle was not used for consumption by the appellant or on his behalf for manufacture of any other article which is prime condition to invoke Rule 8. Therefore Rule 8 clearly not applicable to the facts of the present case. This Tribunal considering the same issue in the case of COMMISSIONER OF GST & CENTRAL EXCISE CHENNAI VERSUS M/S. MAHINDRA & MAHINDRA LTD. [2018 (11) TMI 1136 - CESTAT CHENNAI] held that the value of comparable vehicle shall apply in terms of Rule 4 of Central Excise Valuation Rules, 2000 - the facts are identical accordingly, the value determined under Rule 4 of the Central Excise Valuation Rules, i.e. price of comparable goods shall apply, accordingly, the valuation arrived by the appellant in the facts of the present case is correct and legal. Appeal allowed - decided in favor of appellant.
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