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2015 (8) TMI 1271 - CESTAT AHMEDABAD

2015 (8) TMI 1271 - CESTAT AHMEDABAD - TMI - Clearance of POY made to their sister/own unit - adoption of assessable value available with them in relation to the transaction value adopted for sale to independent buyers, in accordance with Rule 4 of Valuation Rules, 2000 or the said clearances are to be assessed @ 110% of cost of production based on CAS 4 certificates in accordance with Rule 8 of Valuation Rules, 2000 as per the orders of Adjudicating authority - Held that:- The issue is no more .....

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ption.

The Hon'ble Gujarat High Court in the case of Commissioner of Central Excise, Bhavnagar Vs Ultratech Cement Pvt. Ltd (2014 (9) TMI 187 - GUJARAT HIGH COURT ) dismissed the appeal filed by the Revenue. It has been held that the captive consumption partly and sale to independent buyers partly, value is to be determined under Rule 4 of Central Excise Valuation Rules, 2000 and not under Rule 8 of the said Rules. We have also noticed that Rule 8 of the Valuation Rules, 2000 was ame .....

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e issue involved in this case is as to whether the clearance of POY made by the Appellant to their sister/own unit, by adopting the assessable value available with them in relation to the transaction value adopted for sale to independent buyers, in accordance with Rule 4 of Valuation Rules, 2000, is correct as claimed by them or the said clearances are to be assessed @ 110% of cost of production based on CAS 4 certificates in accordance with Rule 8 of Valuation Rules, 2000 as per the orders of A .....

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