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2015 (12) TMI 740 - SUPREME COURT

2015 (12) TMI 740 - SUPREME COURT - 2015 (326) E.L.T. 233 (SC) - Valuation - Contravention of the provisions of Section 4 of the Central Excise Act read with Rule 4 & 5 of the Central Excise Rules - Contravention of Rule 6 of the Central Excise (Determination of price of Excisable Goods) Rules, 2000 - Failure 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 ob .....

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nses is furnished by the assessee. The assessee shall be permitted to file the required computation as well as documents in support its case. - Decided in favour of Revenue. - Civil Appeal No(s). 543/2008 - Dated:- 18-11-2015 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN, JJ For the Petitioner : Mr. Yashank Adhyaru, Sr. Adv., Ms. Arunima Dwivedi, Adv., Ms. Sunita Rani Singh, Adv., Mr. Ritesh Kumar, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. S.K. Bagaria, Sr. Adv., Mr. Sandeep .....

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lare the correct price of its manufactured goods and also contravened Rule 6 of the Central Excise (Determination of price of Excisable Goods)Rules, 2000 as it had failed to correctly assess/determine the central excise duty payable on the goods manufactured and cleared by it. The aforesaid allegations were made in the show cause notices on the premise that the goods were also supplied to certain persons who were 'related persons' and the valuation of those goods was much higher. It may .....

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as the related person. For the purpose of valuation, the Commissioner took into consideration the price of ₹ 118.56 per kg.. Order of the Commissioner was challenged by the assessee on various grounds by filing appeal before the Customs, Excise and Service Tax Appellate Tribunal(CESTAT). The CESTAT has allowed the appeal vide impugned judgment dated 28.03.2007. It is how the Revenue is in appeal before us. At the time of arguments Mr. S.K. Bagaria, learned senior counsel appearing for the .....

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