TMI Blog2015 (5) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 13,000/- at different periods. However, the Assessing Authority has fixed the value at ₹ 22,650/- only on the ground that one party, viz., M/s. Ovac Switchgear this very product was supplied at that rate - it was only one unit which was supplied to the said period. In comparison there are sales made to another party, viz., Beicco Lawrie and the price charged from the said party is ₹ 12,500/- during 1997-1998, 1998-1999, 1999-2000 and ₹ 11,400/- for the year 2000-2001. This is almost comparable price at which the goods were cleared for its Nasik unit. Therefore, in respect of this model the goods which were cleared by the appellant for its Nasik unit should have been accepted and the price could not have been fixed at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prices at which the goods were cleared, for Nasik unit was negotiated price and at arms length. On that basis it was pleaded that the price declared for clearance of such goods for Nasik unit should be accepted. The Assessing Officer rejected the aforesaid plea of the appellant and confirmed the demand raised in the show cause notice. The rejection was on the ground that Nasik unit was to be treated as related party , such price as declared cannot be taken into consideration in view of the provision of Section 4(1)(a) of the Central Excise Act, 1944. For the purpose of valuation the adjudicating authority resorted to the Valuation Rules. He took into consideration the instance of those models of VIT which were identical in nature and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the submission of the appellant in respect of supply of one model only. In this chart the quantity which was cleared by the appellant for its Nasik unit for the year 1997 is shown in tabulated form in respect of second and fourth model. Insofar as VIT model WL-34599 C-I is concerned, we find that the goods which were cleared by the appellant for its Nasik unit show the value between ₹ 10,700/- to ₹ 13,000/- at different periods. However, the Assessing Authority has fixed the value at ₹ 22,650/- only on the ground that one party, viz., M/s. Ovac Switchgear this very product was supplied at that rate. We find that it was only one unit which was supplied to the said period. In comparison there are sales made to another p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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