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2018 (6) TMI 241 - AT - Central ExciseValuation - sale in the course of Wholesale trade - Section 4(1)(a) of CEA - Whether the appellant adopted correct price of the caustic soda for clearance from one plant M/s Century Chemicals to another plant M/s Century Rayon which are the two plants of Century Textile and Industries Ltd. and thereby paid correct duty hereon? - Held that:- In the case where for goods used or consumed by the assessee or on his behalf in production of other articles, it is a general factory gate price at which the goods are sold in whole sale trade to independent buyers and under Section 4(1)(a) is to be adopted rather than price to some particular buyer /contract price - reliance placed in the case of SOMAIYA ORGANICS (INDIA) LTD. Versus CCE, ALLAHABAD [2009 (7) TMI 293 - CESTAT NEW DELHI], where it was held that while applying Rule 6(b)(i), it is the general factory gate price under Section 4(1)(a) to be adopted. The appellant has adopted the correct price - no demand can be made against the Appellant - appeal allowed - decided in favor of appellant.
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