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2018 (5) TMI 1448 - AT - Central ExciseValuation - Rule 8 of the Central Excise(Determination of the price of excisable goods) Valuation Rules, 2000 - M/s GSK manufacturers the raw materials at its different factories and supplied them to the appellants by paying excise duty based on Rule 8 of the Valuation Rules viz. Cost of production plus 10% - Held that: - the facts of the case are not in dispute that the cost of raw material supplied to the appellant by GSK were provisionally assessed and the appellant also paid duty provisionally. Later on, the actual value of goods cleared by the GSK was ascertained and the said value was adopted by the appellant for finalisation of their assessment. In that circumstances, the provision of Rule 8 are not applicable for the valuation of goods cleared by GSK for supplying the raw material to the appellant. In fact, when the actual sale price is available, in that circumstances, the provisions of Rule 8 are not applicable. The assessment was required to be finalised taking the cost of raw material supplied by the GSK at actual price arrived for determination of the assessable value at the end of appellant for finalisation of provisional assessment - appeal allowed - decided in favor of appellant.
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