9911796707
TMI Blog2016 (3) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... are being disposed of together as they arise out of the same impugned order passed by the authorities below. 2. As per facts on record, appellant is engaged in the manufacture of steel tubes and CR coil sheets falling under Chapter Heading 72 & 73 of Central Excise Tariff Act, 1985. As a result of certain investigations, it was found by the Revenue that the appellant is clearing its 70% of the products to the related persons and the balance 30% is being sold by them to the independent wholesale buyer. The value adopted by the appellant for sale of their final product to the related party was marginally less than the value at which the product was sold to the individual buyers. 2.1As a result of investigations, proceedings were initiated a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, 2000 cannot be applied to the present case, and thus the factory gate sale price of goods to independent buyers is required to be adopted in respect of sales to the trading unit also. Even during the personal hearing the advocate argued that about 70% of sales are to the trading unit and price charged is approximately 2% less compared to the price charged to independent buyers from the factory gate. It is argued by the appellant that the price so charged less to the related person is not affected by extraneous considerations does not appeal to reason. Why is price charged to related person less than charged to independent buyer? No reason is advanced by appellant and it cannot be fair price. The original authority has rightly demanded d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying the provisions of Rule 4. 3.1 A part of the order relates to the clearance of waste and scrap, which originates during the manufacture of final product, without payment of duty. The Commissioner (A) has observed that the appellants were paying duty on such waste and scrap except where the same was being clandestinely cleared by them. On the other hand, it is the assessee's contention that they never paid duty on any waste and scrap and the type of waste and scrap originating was not excisable. This issue requires examination. Inasmuch as the matter is being remanded, the lower authorities would also examine the said issue. 3.2 The appellants have also assailed the demand relatable to valuation, on the point of time bar. We find that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
