2025 (5) TMI 63 - SCH - Central Excise

Method of valuation - stock transfers of clinker to sister units based on the transaction value at which clinker was sold to independent buyers - to be valued under Rule 11 of the Central Excise Valuation Rules 2000 or under Rule 8 based on cost of production for captive consumption? - interconnected undertakings related to each other under Section 4(2)(b)(F) of the Central Excise Act 1944 - it was held by CESTAT that Appellant has correctly paid the duty in terms of Rule 8 of the Valuation Rules. In that circumstance demand against the Appellant is not sustainable. HELD THAT - The view taken by the Custom Excise Service Tax Appellate Tribunal Eastern Zonal Bench Kolkata agreed upon. There is no merit in the appeal and the same is accordingly dismissed.

Summary

The Supreme Court, with Hon'ble Justices Abhay S. Oka and Ujjal Bhuyan presiding, heard the appeal with counsel for both parties present. The Court condoned the delay in filing. Notably, the appellant did not challenge the precedent relied upon in the impugned judgment. The Court concurred with the reasoning of the Custom, Excise Service Tax Appellate Tribunal, Eastern Zonal Bench, Kolkata, finding "no merit in the appeal." Consequently, the appeal was dismissed.