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2015 (12) TMI 1311 - CESTAT MUMBAI

2015 (12) TMI 1311 - CESTAT MUMBAI - TMI - Valuation - whether the assessable value as adopted by the appellant based upon cost of production for discharge of duty liability on the goods cleared from their own unit is correct or the said duty liability needs to be discharged on the value which has been adopted by the appellant for the independent buyers - Held that:- Intermediate products cleared from the appellant factory are consumed by their own unit in Lote Parshuram for manufacturing of fin .....

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eason to mis-declare the price - impugned order to the extent it confirms the demand raised beyond the period of limitation is liable to be set aside and we do so. The demands raised within the period of limitation are liable to be confirmed with interest and we do so. Since the issue is of interpretation of law, penalty is not warranted on the appellant and accordingly, the penalty is set aside. - Decided in favour of assessee. - Appeal No. E/87604/13 - Dated:- 10-11-2015 - Shri M.V. Ravindran, .....

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finished goods namely, Phosphorous Trichloride to their own unit situated at different location, on payment of duty at a value which is not to be in terms of the provisions of Section 4(1)(b) of the Central Excise Act, 1944 read with Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 for the period 2006-07 to 2010-11 on the ground that the appellant had discharged the duty liability on the valuation of the product as per Rule 8 of the Valuation Rues an .....

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ed the demand and also imposed penalties. 3. Learned Counsel would draw our attention to the fact that the appellant had undisputedly cleared the products to their own unit situated elsewhere. It is his submission that though there was a clearance to independent buyers, they followed the law as laid down by the Larger Bench in the case of Ispat Industries Ltd. Vs. Commissioner of Central Excise, Raigad - 2007 (209) ELT 185 (Tri-LB). It is his further submission that even assuming that the value .....

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of the Apex Court in the case of Nirlon Ltd. Vs. Commissioner of Central Excise, Mumbai - 2015-TIOL-96-SC-CX for the proposition that the demand is revenue neutral and when the demand is beyond the normal period, the penalty is set aside. 4. Learned AR on the other hand, after taking us through various findings recorded by the adjudicating authority, submits that the appellant being in an organized sector should have applied the provisions of law for the clearances effected by them. It is his su .....

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rge of duty liability on the goods cleared from their own unit is correct or the said duty liability needs to be discharged on the value which has been adopted by the appellant for the independent buyers. 5.2 Undisputed facts are that the intermediate products cleared from the appellant factory are consumed by their own unit in Lote Parshuram for manufacturing of final product on which duty liability is discharged. Also undisputed is that the unit of the appellant at Lote Parshuram has availed t .....

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te Parshuram and there could not be any reason to mis-declare the price. We find strong force in the contentions raised by the Counsel that in the case of Nirlon Ltd. (supra), the Apex Court considered identical issue and in para 6 & 8 held as under: - 6. We may note that Mr. K. Radhakrishnan, learned senior counsel appearing for the Revenue, vehemently countered the aforesaid submission of the appellant and argued that there was clear intention to evade the excise duty. His submission was t .....

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