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2023 (6) TMI 3 - AT - Central ExciseMethod of Valuation of Excisable goods - clearance of goods for captive consumption on the basis of stock transfer - determination of value as per Section 4(1)(b) of the Central Excise Act, 1944 read Rule 8 of the Central Excise Valuation Rules, 2000 - HELD THAT:- During the course of adjudication the appellants have supplied the cost data supported by Chartered Accountant’s Certificate for the period 2004- 05 and 2005-06. The adjudication order as well as the appellate authority’s order also examined, there is no whisper about the certificates and cost data supplied by the appellants for these periods. Therefore, the matter needs examination at the end of the adjudicating authority to consider the cost data supplied by the appellants during adjudication. On the same issue Larger Bench of Tribunal in the case of ISPAT INDUSTRIES LTD. VERSUS COMMISSIONER OF C. EX., RAIGAD [2007 (2) TMI 5 - CESTAT, MUMBAI] observed that The provisions of Rule 8 of the Valuation Rules will not apply in a case where some part of the production is cleared to independent buyers - The provisions of Rule 4 are in any case to be preferred over the provisions of Rule & not only for the reason that they occur first in the sequential order of the Valuation Rules but also for the reason that in a case where both the rules are applicable, the application of Rule 4 will lead to a determination of a value which will be more consistent and in accordance with the parent statutory provisions of Section 4 of the Central Excise Act, 1944. There are no merits in grounds taken by the Revenue for filing this appeal - Appeal filed by the Revenue is dismissed.
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