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TMI Blog2011 (12) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... price list in respect of transfer of the pesticides 'D-ALLETHRIN' to their depot situated at Parwanoo, Dist. Solan, Himachal Pradesh, for sale and declared the assessable value of Rs. 4,000/- per kg. The assessee had transferred a total of 18,000 kgs. of the said product during the period 23-4-2001 to 3-5-2001. On going through the invoices issued by the assessee from their depot at Parwanoo, it was observed that the first sale of the pesticides in question to an independent buyer was made from the depot at the transaction value of Rs. 5,500/- per kg. on 8-5-2001 vide invoice No. 01 and it was also found that all the sales of such goods from the Parwanoo depot were made at the transaction value of Rs. 5,500/- per kg. during the period 8-5- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that Rule 7 of the Valuation Rules must be read along with the definition of expression of the normal transaction value, which provides that normal transaction value means that transaction value at which the greatest aggregate quantity of the goods are sold. He further pointed out that out of 18,000 kgs. of the goods, only 3020 kgs. were sold at Rs. 5,500/- per kg. whereas 7000 kgs. have been sold at the rate of Rs. 4,000/- and it was not proper for the lower authorities to accept the value of Rs. 5,500/- per kg. for the entire quantity. He further contended that Rule 7 does not provide for applying the highest rate of the said goods sold from the said depot for the total quantity sold at different times. He also submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall - (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, be the transaction value; (b) in any other case, including the case where the goods are not sold, be the value determined in such manner as may be prescribed." In the present case, Section 4(1)(a) is ruled out as there is no sale at the factory gate and the value, therefore, is required to be determined under the Central Excise Valuation (Determination of Price of Excisable Goods) Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01 to 3rd May 2001) is not available. Therefore, under Rule 7 of the Valuation Rules, the value of the goods under assessment shall be the transaction value of the goods sold from the depot at the time nearest to the time of removal and in the present case, the time nearest to the period of 23-4-2001 to 3-5-2001 is 8-5-2001. We, therefore, hold that the lower authorities have rightly ordered the assessment of the goods at Rs. 5,500/- per kg. at which the goods were sold on 8-5-2001 from the depot. We, therefore, find no infirmity in the impugned order. 8. The learned counsel relied upon the decision of the Tribunal in E.I. Du Pont India Pvt. Ltd. (supra). In para 6 of the decision, it was held that once the normal transaction value of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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