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2017 (1) TMI 874 - AT - Central ExciseValuation - sale of goods partly at factory gate and partly through consignment agents by stock transferring the goods on payment of duty - whether valuation to be done by adopting Rule 7 of Central Excise (Valuation) Rules, 2000? - Held that: - the ratio laid down by the Tribunal in the case of Bharat Petroleum Corporation Ltd. Versus Commissioner of Central Pxcise, [2009 (9) TMI 845 - CESTAT CHENNAI] is squarely applicable in the instant case as facts and circumstances are identical. Accordingly, when the goods are not sold at the factory gate but removed exclusively to a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold, the rule 7 is applicable. It is evident that the goods were partly sold at factory gate and duty was paid. Remaining goods were transferred to the Depot. Therefore, Rule 7 of Central Excise (Valuation) Rules, 2000, is not applicable in the instant case - appeal allowed - decided in favor of appellant.
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