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Commissioner of Central Excise Versus Kishor Pumps P. Ltd.

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 apprehension that the date of invoices for independent buyers is different from the d .....

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inding 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 Per: P.K. Jain: The brief facts of the case are that that the respondent assess .....

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ly 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 extended period of limitation, interest and penalty under Section 11AC. The case .....

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ld 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 captively consumed. Further, it was submitted that the Order in Original does not in .....

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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 goods in question used for captive consumption was always higher than the price .....

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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 find any justification to invoke the provisions of rule 6(b)(ii) of the Central .....

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