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2015 (12) TMI 1353 - CESTAT MUMBAI

2015 (12) TMI 1353 - CESTAT MUMBAI - TMI - Valuation - clearance of goods to own sister concern - inclusion of selling and distribution of expenses and expenses incurred by the corporate office at Nashik during the period October 1997 to June 2000 - Held that:- Issue is no more res integra inasmuch as in the recipientís own case for the earlier period, this Bench on an appeal filed by Revenue on identical issue, held that the provisions of CAS-4 will apply not only prospectively but also for the .....

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against Order-in-Appeal No. CEX.XI/JMJ/36/NSK/ APL/2005 dated 28.02.2005. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding the inclusion of selling and distribution of expenses and expenses incurred by the corporate office at Nashik during the period October 1997 to June 2000. The recipient used to clear parts of motor vehicle to their own sister concern and discharged the Central Excise duty on the assessable value arrived based upon the cost of produ .....

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se for the earlier period, this Bench on an appeal filed by Revenue on identical issue, held that the provisions of CAS-4 will apply not only prospectively but also for the period prior to issue of Board s Circular dated 13.02.2003. We reproduce the relevant paragraphs. 4. The case was adjudicated by the Commissioner of Central Excise, Nasik vide order dated 27.04.06 (referred supra). The learned Commissioner observed that the Institute of Chartered Accountants of India had issued Accounting Sta .....

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