TMI Blog2013 (11) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... s cleared to M/s TATA for captive consumption has not been an issue before the lower authorities, being not canvassed - The applicant failed to make out a prima-facie case for total waiver of pre-deposit of dues – Relying upon Commr. of Central Excise, Guntur Vs. Shri Chaitanya Educational Committee [2011 (1) TMI 356 - HIGH COURT ANDHRA PRADESH] - the applicant to deposit an amount of Rupees fifteen lakhs as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted. - Appeal No.539/2011 - ORDER NO.S-426/KOL/13 - Dated:- 4-7-2013 - DR. D.M. MISRA AND DR. I.P. LAL, JJ. For the Appellant: Shri S. P. Siddarta, Consultant For the Respondent: Shri S. Chakraborty, Asst. Commr. (A.R.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue raised by the Dept. or by the applicant, either in the show-cause notice or in the reply to the show-cause notice or during the course of adjudication. The entire issue was based on determination of value of converted goods cleared from M/s TATA under Rule 8/10A of the Central Excise (Valuation) Rules, 2000. The ld. Consultant further pleaded that whatever duty they were required to be paid,was available as cenvat credit, therefore, there was no intention to evade payment of duty. The ld. Consultant further submitted that the applicant has incurred loss to the tune of Rs.5.00 Crores during the current financial year and any direction of predeposit would cause undue hardship to them. The ld. Consultant further submitted that they have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssable value of silico manganese supplied by the applicant to M/s TATA after converting the manganese ore supplied by M/s TATA into siloco manganese The Revenue sought to determine the assessable value under Rule 8/10A of the Central Excise (Valuation) Rules, 2000 for the relevant period. It has also been pleaded that the transaction between the applicant and M/s TATA, is one of principal to principal basis, therefore, the price at which the said goods sold to M/s TATA, should be considered as assessable value. Prima-facie, we find that the ld. Commissioner has categorically recorded as to how the transaction between the applicant and M/s TATA cannot be treated as a sale . Further, the ld. Commissioner had recorded his findings on Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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