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Commissioner, Central Excise & Service Tax, Vapi Versus M/s Aarti Industries Ltd.

2015 (12) TMI 1098 - CESTAT AHMEDABAD

Valuation - Under valuation of goods - Clearance of goods to sister units - Invocation of extended period of limitation - Held that:- it is a case of inter unit transfer of the goods. The Hon'ble Gujarat High Court in the case of CCE Vadodara-II Vs Vs Indeos ABS Ltd - [2010 (3) TMI 656 - GUJARAT HIGH COURT] dismissed the appeal filed by the Revenue - there is no dispute that the sister unit would avail the CENVAT Credit and cleared the final product on payment of duty. Hence, the decision of Hon .....

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15 - Dated:- 12-11-2015 - Mr. P.K. Das, Member (Judicial) And Mr. P.M. Saleem, Member (Technical) For the Petitioner : Shri T.K. Sikdar, Authorised Representative For the Respondent : Shri Deepak Kumar, Consultant ORDER Per: P.K. Das Heard both the sides and perused the records. 2. The relevant facts of the case, in brief, are that the Appellants supplied raw material to their sister unit who cleared the goods on payment of duty. The dispute relates to the under-valuation of the goods within int .....

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t be invoked. 3. The learned Authorised Representative for the Revenue reiterates the grounds of appeal. He submits that the Hon'ble Supreme Court in the case of CCE Vs Mahindra & Mahindra - 2005 (179) ELT 21 (SC) held that the extended period of limitation would be applicable even in the case or revenue neutrality. On the other hand, the learned Counsel on behalf of the Respondent relied upon the various decisions including the decision of Hon'ble Gujarat High Court on the identical .....

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d below:- 3. As can be seen from order of the Tribunal dated 10-11-2008 impugned in this appeal, the Tribunal has disposed of the appeal holding that the goods manufactured by the assessee were being cleared to its own sister concern, who is availing the benefit of Modvat Credit. The Tribunal has further found that as such whatever duty the assessee was paying was available as credit to its own unit (sister concern) and hence the entire exercise was revenue neutral. 4. The aforesaid findings of .....

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