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TMI Blog2014 (10) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... ion seeking waiver of pre deposit of duty of Rs. 22,87,199/- and penalty of Rs. 5,00/- imposed under Rule 27 of the Central Excise Rules, 2002. 2. At the outset, ld. Advocate appearing for the Applicant has submitted that the Applicant are engaged in the manufacture of Lubricating Oils of different grades falling under Chapter Heading 27 of the Central Excise Tariff Act, 1985 and is clearing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g data for the previous quarters, as it was not possible for them to ascertain the actual cost of production for a particular quarter prevailing in that quarter only. It is stated that the Department in the show cause notice, only selected certain transaction where the cost determined was higher than the cost determined during the relevant period, but ignored the other instances where the costing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee and the buyer of goods are not related and the price is the sole consideration for the sale, be the transaction value." It is thus evident from the above that the value is to be determined with reference to the value prevailing for delivery at the time and place of removal. In any other case, the value be determined in such manners, as may be prescribed. Central Excise Valuation(Determinati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, they may request the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excises, as the case may be, in writing/giving reasons for payment of duty on provisional basis. However, in the case, the assessee has not done so, in spite of their inability to determine the correct value. Rule 7 also provides that in case of excess payment, the assessee is entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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