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2013 (11) TMI 1466 - CESTAT KOLKATADetermination of the assessable value - TMT bars manufactured and cleared from factory to the premises of consignment agent –Waiver of Pre-deposit - Revenue was of the view that the price at which the goods were sold by the consignment agent has to be adopted for the determination of value – Held that:- The Commissioner though acknowledged the principle of adopting the selling price from the premises of consignment Agent nearest to the time of clearances of goods from the factory of Applicant, as the basis for determination of assessable value of goods transferred from the factory to the premises of consignment Agent, but wrongly adopted a single uniform price for the whole month in determining the value of said stock transferred goods - Prima facie, there was no merit in the reasoning advanced by the Commissioner in adopting the selling price of the buyer of the consignment agent - The applicant have offered to make pre-deposit of Rs.10,00,000 – Thus, assessee is directed to deposit Rupees Ten Lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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