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2015 (10) TMI 2271 - CESTAT MUMBAI

2015 (10) TMI 2271 - CESTAT MUMBAI - 2016 (332) E.L.T. 845 (Tri. - Mumbai) - Valuation - Captive consumption - Invocation of extended period of limitation - Held that:- prices may vary from component to component but by very nature of casting the price will not vary so much. In any case, the grounds of appeal it is presumed without any supporting evidence that the casting which were sold to independent buyers were different from the castings captively consumed. Similarly, it is only the apprehen .....

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in the contention of the appeal filed by the revenue and we agree with the finding of the Commissioner extracted above. Even on limitation, we find respondent has a very strong case. - Decided against Revenue. - Appeal No. E/1393/05- Mum - Final Order No. A/2863/2015-WZB/EB - Dated:- 27-8-2015 - Mr. P.K. Jain, Member (Technical) And Mr. S. S. Garg, Member (Judicial) Shri V.K. Shastri, AC (AR) : For the Petitioner Shri A.G. Kulkarni, CA with Sagar Kulkarni, Advocate : For the Respondent ORDER Pe .....

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on supported by the Chartered Accountant certificate for the price of captively consumed castings. On the basis of such price declaration, goods were being cleared on payment of duty. Later on, department asked for the detail working on the basis of which the Chartered Accountant was issuing the certificate, which the appellant was not able to produce. Based upon the details available in the balance sheet, Revenue issued a show-cause notice demanding duty of ₹ 21,51,773/- invoking the exte .....

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opped the demand mainly on the consideration that the similar casting were sold by the respondent assessee to independent buyers at a price which was lower than the price they were paying duty on captive consumption and therefore then Rule 6(b) of the Central Excise (Valuation) Rules, there is no scope for demanding further duty. It was submitted that the casting by very nature are different and it cannot be said that the casting being sold to the independent buyer were the same as those captive .....

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supplies effected to their own units. During the time of personal hearing M/s. Kishor Pumps submitted copies of invoices relating to supplies effected by them to other independent buyers and stated that the price declared by them for the goods in question used for captive consumption was always higher than the price at which such goods were sold by them to other independent buyers. From the aforesaid evidence furnished by M/s. Kishor Pumps, it is seen that the price declared by them for the goo .....

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struction method by taking the cost of manufacture of the goods profit, etc. arises only on such cases where rule 6(b)(i) value is not available. There is also no evidence or reason to suspect the bonafides of the transactions between M/s. Kishor Pumps and other independent buyers or to suspect the price charged in such transactions. The show-cause notice also does not contain any other evidence to prove a case of under valuation of the goods in question. In the above circumstances, I do not fin .....

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