2015 (7) TMI 342 - MADRAS HIGH COURT

Valuation - Method of valuation - Whether on facts and circumstances of the case, the 2nd respondent Tribunal was right in holding that revenue neutral situation as the reason for allowing the 1st respondent's appeal irrespective of the fact that the 1st respondent has wilfully suppressed the maintenance of dual accounting system and non-inclusion of profit marging in the assessable value of semi-finished goods cleared to their other unit - Hel that:- similar question has been considered by the Gujarat High Court in the case of Commissioner of Central Excise and Customs, Vadodara II, vs. Indeos Abs Ltd. reported in [2010 (3) TMI 656 - GUJARAT HIGH COURT] and the issue raised was answered in favour of the assessee. It is not in dispute that, in an identical matter where a similar issue was raised, the Supreme Court, in the case of Nirlon Ltd. vs. Commissioner of Central Excise, Mumbai, reported in [2015 (5) TMI 101 - SUPREME COURT], affirmed the view taken by the concerned High Court. - Decided against Revenue.