TMI Blog2014 (12) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... , NEW DELHI) relied by the Revenue, we note that the facts are different from those involved in the present appeal. In that case, the goods though cleared on reversal of credit were actually resold by the sister concern and, therefore, a value was available for payment of duty. It was in that context, it was held the price of the goods sold should be basis for payment of duty and mere reversal of credit would not suffice. In the present case, there is no sale or resale of the goods. The goods are cleared from the factory to meet the warranty obligations free of charge. Therefore, the ratio of the said decision would not apply. It is in this context, one has to see larger Bench's decision which dealt with an identical matter in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be the value on which duty liability on the parts should be discharged, i.e., whether the reversal of the credit taken is sufficient or the appellant should discharge duty liability on the value of such goods cleared in terms of sub-rule 1(c) of Rule 57AB. The department was of the view that similar parts were cleared from the appellant's warehouse for sale purposes and, therefore, the value of such goods was available and the appellant should have discharged duty liability on such value and not by merely reversing the credit actually taken. On this basis, the impugned demand has been confirmed. Aggrieved of the same the appellant is before us. 3. The learned Counsel for the appellant makes the following submissions:- T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old to dealers, the transaction value of the goods available at dealer's premises should be adopted for valuation and not the invoice price based on which the credit was taken. Inasmuch as, as per Rule 57AB (1C) of Central Excise Rules, 1944, duty liability has to be discharged on the basis of the price of such goods sold at the time of removal, he contends that in the present case also, the price at which such goods were sold from the warehouse should be taken as the value for discharge of excise duty and not the reversal of the credit taken. 5. We have carefully considered the submissions made by both sides. 5.1 As regards the National Engg. India Ltd. (supra) relied by the Revenue, we note that the facts are different from thos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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