2013 (11) TMI 1624

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....rly SPS Steel & Power Ltd.) & M/s. SPS Steels Rolling Mills Ltd. filed these applications for waiver of pre-deposit of duty of ₹ 44,22,297/-, ₹ 3,60,74,398/- and ₹ 17,08,934/- respectively and equal amount of penalty imposed on them. The impugned Order-in-Original dated 21/3/2011 is passed in pursuance to remand order dated 24/5/2010 of this Tribunal. 3. Contention of the Ld. Advocate appearing for the applicants is that adjudicating commissioner in respect of clearance of their goods to their inter-connected undertakings (who used the said goods for manufacture of final goods) determined value of the goods under Rule 8 and proviso to Rule 9 of the Central Excise Valuation Rules, 2000 taking recourse to costing method whe....

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....ai). The Ld. Spl. Counsel stated that it is the finding of the adjudicating commissioner that during the relevant period, there was no sale by them to the independent buyers. He submitted that the Ld. Commissioner has substantially dropped the demand and confirmed the duty demand of about ₹ 4.22 Crores (Approx.) out of original demand confirmed to the extent of ₹ 12.00 Crores (approx.) Only for the period where the applicant couldnot produce evidence of independent sale. It is the contention that as no appeal has been filed by the applicant/appellants against the Tribunal's remand order dated 23/11/2007 and dt. 24/05/2010 respectively, the said orders have attained finality, hence the Applicants cannot be permitted to make out n....