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2024 (1) TMI 718 - AT - Central ExciseValuation - related parties for captive consumption in relation to the manufacture of other excisable goods - Rule 8 read with Rule 9 of Central Excise Valuation Rules, 2000 - Circular No. 643/34/2002- CX dated 01.07.2002 - HELD THAT:- The show cause notice has not specifically alleged that under which category appellant and their buyer are related for purpose of valuation under Section 4 of the Central Excise Act, 1944. For this reason itself the entire proceeding is ab initio illegal and not sustainable. Moreover, the appellant is a public limited company and buyer is a separate independent private limited company. Even though the buyer is one of the group company of the appellant that alone cannot be a reason for establishing the relationship between the appellant and the buyer - the payment of duty made by the appellant on the transaction value is absolutely correct and legal. The impugned order is set aside - appeal allowed.
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