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TMI Blog2007 (10) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... MM yarn and were selling the same through their depots located at different places. Under the new valuation rules, the duty was required to be paid at the price at which the depot was selling the goods. Since, the exact value of the finished goods sold through depot was not known at the time of clearance from the factory gate, the goods were being assessed provisionally and after submission of data regarding value of goods at which goods were actually cleared by depots, assessment were being finalized. They were issued a show cause notice seeking to withdraw the facility of provisional assessment as the CEGAT order on the basis of which, the provisional assessment were being made became inoperative from the date of introduction of new valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Excise Valuation Rules 2000, the price on which greatest aggregate quantity was sold was to be adopted as normal transaction value. Since, this was not done, a show cause notice was issued seeking sought to demand duty on the basis of price at which the greatest aggregate quantity was sold on a particular date instead of the average price adopted by the assessee. 4. Further, it was noticed that during the calculation of differential duty on goods transferred on provisional basis, the assessee was claiming cash discount in respect of cotton yarn and synthetic yarn from their various depots. However, during scrutiny of depot invoices, it was noticed that they have passed on the cash discount only in respect of some of the depots only and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants and held that so far as the payment of duty on average price is concerned, the same was in order up to 01/07/02 as the CEGAT decision, on the basis of which the duty was to be charged at the greatest quantity sold on the same day was effective from 01/07/02, therefore, he did not disturb the demand of duty for the period January 2002 to June 2002 but ordered refund of duty amounting Rs.771.21 for the period July 2002 to September 2002 and confirmed duty amounting to Rs.3,777.86 for the period October 2002 to January 2003. Revenue is in appeal against the above order of the Commissioner (Appeals) which has decided two appeals filed by the assessee through a common order. 6. In the revenue's appeal, it has been submitted that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2000. 7. The learned advocate for the respondents M/s Malwa Cotton Spinning Mills submitted that so far as the requirement of paying duty at the price of greatest aggregate quantity is concerned, they are agreeing that the same shall be applicable w.e.f. 01/07/00 but it is their contention that there are cases where there has been excess payment of duty also and once this excess payment is adjusted, there will not be any requirement of payment of duty. It was submitted that since the assessment are provisional, the excess and shortages are required to be adjusted against each other and once the excesses are ordered to be adjusted against shortage they have no objection if the matter is remanded back to original authority for this purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counts with liberty to the appellants to produce a certificate from Chartered Accountant in support which may be considered by the adjudicating authority. He, therefore, submitted that the matter of cash discount in the present appeal may also be remanded back to the adjudicating authority. 9. We have considered submissions, we hold that so far as the payment of duty on the goods cleared from the depot is concerned, the respondents M/s Malwa Cotton Spinning Mills are required to pay duty at the price at which the greatest aggregate quantity is sold on a particular date in terms of Valuation Rules 2 (b) of Valuation Rules 2000 which is applicable from 01/07/2000 itself and since the respondents are claiming that there has been excess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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