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2018 (12) TMI 1107 - AT - Central ExciseValuation - stock transfers to depots at the prices prevalent on such date at the depots - goods are partly sold at the factory gate and partly stock transferred to depots - Section 4 read with Rule 4 of the Central Excise Valuation Rules, 1975 - Revenue has taken the view that duty is required to be paid only at the highest such price charged to individual customer. Held that:- In the present case, there is a price charged on any given date from individual buyers, but at the same time at the same date, the lower prices are charged to different customers with whom the appellant has contracted prices, keeping in view the volume of business, promptness of payment etc. It appears to us that each contract price can be considered as applicable to a particular class of buyers. A perusal of the invoices issued at the factory gate in respect of goods meant for supply at contracted prices reveals that, the invoice issued for stock transfer invariably indicates the name of the customer and the contract price. On subsequent sale at the depot, the depot invoice indicates the very same price. In view of the above we are of the view that the appellant has discharged duty for such goods transferred to depot appropriately. Appeal dismissed - decided against Revenue.
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