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M/s Shiv Shakti Ingots Ltd. And M/s Shri Khatu Shyam Alloys Pvt Ltd. Versus Commissioners of Central Excise, Customs and Service Tax-Vapi

2015 (10) TMI 1977 - CESTAT AHMEDABAD

Valuation - Determination of duty payable - Held that:- issue is no more res-integra, in view of the decision of the Larger Bench of the Tribunal in the case of Ispat Industries Ltd. vs. Commissioner of Central Excise, Raigad [2007 (2) TMI 5 - CESTAT .....

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sessee but are used for consumption by him or on his behalf in the production or manufacture of other articles, the value of such goods that are consumed shall be one hundred and ten per cent of the cost of production or manufacture of such goods. In .....

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1.2013. - Impugned order is set aside - Decided in favour of assessee. - Appeal No. : E/13875-13876/2014, Application No. : E/Early Hearing/10614-10615/2015 - Order No. A/11216-11217 / 2015 - Dated:- 19-8-2015 - MR. P.K. DAS, MEMBER (JUDICIAL) AND Mr .....

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hearing both the sides and upon consent of the parties, we take up the appeals for hearing. 2. The appellants were engaged for the manufacture MS Ingots and TMT bars through their different units. The dispute relates to Unit-1 and Unit-2 manufacturer .....

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d therefore, as per proviso to Rule 9 of the Valuation Rules, 2000, the appellant is liable to pay duty on one hundred and ten per cent, as per Rule 8 of the Valuation Rules. The period of dispute is December 2008 to June 2013. 3. After hearing both .....

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(Tri-LB), which was followed by this Bench in the case of Jay Corporation vs. Commissioner of Central Excise & Service Tax, Daman 2015 (317) E.L.T. 353 (Tri.-Ahmd.). In the case of Jay Corporation (supra), the Tribunal, allowed the appeal of the .....

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buyers. 7. Admittedly, the clearance made to their sister concern would fall under the provisions of Section 4(i)(b) of the Central Excise Act, 1944, as the clearance to their sister concern is not a sale. We find that for determining the correct va .....

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