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M/s Tata Steel Ltd. Versus Commissioner of Central Excise And Service Tax, Jamshedpur

2015 (10) TMI 881 - CESTAT KOLKATA

Waiver of pre deposit - Penalty u/s 11AC - held that:- billets were not sold by the Applicants but transferred from their depot to their convergent agent, who used them for manufacture of wire rods. Since the impugned goods were not sold, they paid t .....

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he Department is assessing the impugned goods under provisional assessment on the value declared by the Applicants. In view of facts and circumstances of the case stated as above, we are of the opinion that the Applicant has been made out a prima-fac .....

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76/13 - Dated:- 5-8-2015 - D M Misra, Member (J) And I P Lal, Member (T) For the Appellant : Dr Samir Chakraborty, Adv For the Respondent : Shri S Sharma, Commr (AR) ORDER Per I P Lal These two applications are filed seeking waiver of predeposit of d .....

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e duty against two show-cause notices dated 03.07.2012 & 07.08.2012, issued to the Applicants demanding duty for the period from June, 2007 to March, 2012. He submits that M/s Tata Steel are manufacturer of Billets which they transferred to their .....

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ver, determined the value under Rule 11 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 by taking price of the billets, at which their Agrico Division, had purchased the billets from SAIL, Bokaro. It is the sub .....

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gent agent is eligible to take credit and therefore, the entire exercise is revenue neutral. He submits that for the subsequent period, the Department is assessing the impugned goods under provisional assessment at the value declared by the Applicant .....

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convergent agent, who used them for manufacture of wire rods. Since the impugned goods were not sold, they paid the duty on the said billets by determining the value as per CAS-4. On the other hand, the Revenue computed the demand on the value at wh .....

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t. We find that under Rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, CAS 4 method of arriving at value is applicable where the goods are used for captive consumption by the unit or on their behalf. We also .....

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