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2023 (6) TMI 691 - AT - Central ExciseLevy of Differential Duty - price variation clause - Determination of assessable value of stock transferred parts to their sister concern by the Appellant - adjustment of excess paid duty with the duty short paid - period involved in all the Appeals is 2005-06 to 2009-10 - applicability of Rule 8 of the Central Excise Valuation Rules - Revenue Neutrality - HELD THAT:- Similar issue came up before this Tribunal in the case of M/S. HINDALCO INDUSTRIES LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE, BHUBANESWAR-II [2023 (5) TMI 720 - CESTAT KOLKATA], wherein this Tribunal has observed When excess paid duty is adjusted against the short payment that net result is that there is no short payment by the Appellant. The Adjudicating Authority failed to do this adjustment. Demanding duty onlu on the short payment, ignoring the excess payment is bad in law. In this case also the Appellant has paid excess duty which was required to be adjusted against the short-payment. Moreover, it is a situation of revenue neutral as whatever duty they pay their sister unit get CENVAT Credit of the same. Therefore, it is the revenue neutral situation. The demand of duty is not sustainable against the Appellant. Accordingly, the impugned order is set aside and the appeals are allowed.
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