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2019 (2) TMI 1164 - AT - Central ExciseMethod of Valuation - rule 11 or rule 7 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 or by resorting to Rule 8 of the said Rules? - goods manufactured and capitvely consumed - Held that:- The wording of said Rule 11 of Valuation Rules, 2000 indicates that if the value of any excisable goods cannot be determined under Rules up to Rule 10A then the value is to be determined using reasonable means consistent with the principles and general provisions of Section 4. For the circumstances covered in the present case there is provision under Rule 8 of said Valuation Rules, 2000, which reads “Rule 8” where the whole or part of the goods are not sold by the assessee but are used for consumption by him or on his behalf in the production or manufacture of other articles, the value of said goods i.e. consumed shall be 110% of the cost of production or manufacture of said goods. Since express provision covering the circumstances being available under said Rule 8 of Valuation Rules, 2000, there was no case to resort the provisions of said Rule 11 of Valuation Rules, 2000. Appeal allowed - decided in favor of appellant.
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