TMI Blog2015 (12) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... re to declare the correct price of its manufactured goods - Failure to correctly assess/determine the central excise duty payable on the goods manufactured - Held that:- the assessee has no objection if the price at which the goods were sold by the alleged related persons is made the basis of arriving at the valuation for each month separately, which is covered by the show cause notices. - Benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Sandeep Narain, Adv., Mr. M.H. Patel, Adv. And M/s. S. Narain Co. ORDER The nature of order which we propose to pass does not call for recording the factual matrix in detail. Suffice it to state that four show cause notices covering period from February, 2004 to May, 2005 were issued to the respondent/assessee herein on the ground that the assessee had contravened the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee denied that such persons were related persons. The contention of the assessee was not accepted and the demand made in the show cause notices was confirmed by the Commissioner vide his Order-in-Original dated 30.03.2006. Among others, one M/s. Royal Chemicals which had sold the goods to its customers was treated as the related person. For the purpose of valuation, the Commissioner took into c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period 2001-2002 which was much prior to the period in dispute. It was also pointed out that though the show cause notices pertain only to the product 'Camphor' while making the calculation in the Order-in-Original, the Commissioner included various other products as well, while computing the demand. He further submits that in the aforesaid circumstances, the assessee has no objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which show cause notices pertain to. 3). Further the computation shall confine only to the product 'Camphor'. We may also record the submission of Mr. Bagaria that while arriving at transaction value, the benefit of deduction on the ground of excise duty, sale tax, freight and transit insurance should be given. Since these deductions are permissible under the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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