2022 (11) TMI 643 - AT - Central Excise
Short payment of duty - SS Flats - SS patta/patti - SS Utensils sold to RSSL - related party transaction - April 2015 to October 2015 - HELD THAT:- As the demand is of Rs. 1,95,598/- only and considering the difficulties in checking the price at which each of the SS Utensils was sold by RSSL, we are of the considered opinion that remanding the matter the matter may not serve any purpose and the value can be fixed by the Tribunal exercising powers under rule 11 of the Valuation Rules.
The value of the SS Utensils cleared by the appellant be re-determined as 3.83% of the sale price and duty to be calculated accordingly - The order passed by the Commissioner (Appeals) in so far as it confirms the demand of duty on SS Patta is set aside and demand on SS Utensils is reduced from Rs. 1,95,598/- to Rs. 75,000/- - the penalty imposed on the appellant should be set aside.
Appeal allowed in part.