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2016 (9) TMI 479 - CESTAT NEW DELHI

2016 (9) TMI 479 - CESTAT NEW DELHI - TMI - Valuation - determination of assessable value - caustic soda lye supplied to the appellant’s sister unit - supply of caustic soda lye to independent buyers also - Held that:- in the present case, normal price, i.e., the price of caustic soda lye ordinarily sold by the appellant to independent buyers in the course of wholesale trade is available and therefore by virtue of Section 4(1)(a) ibid that will be deemed to be assessable value obviating the need .....

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Dated:- 21-7-2016 - Mr. S.K. Mohanty, Member (Judicial) and Mr. R.K. Singh, Member (Technical) Mr. BL Narasimhan, Advocate - For Appellant Ms. Kanu Verma, DR - For Respondent ORDER Heard both sides. 2. The only issue involved in this case is determination of assessable value of input, namely, caustic soda lye, supplied to the appellant s sister unit located at Harihar, Karnataka. This is second round of litigation. In the earlier round, CESTAT vide its Final Order No.76-77-A, dated 09.01.1997 ha .....

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o and they have not applied their mind in regard to these aspects which are based mainly on the fact situation . 3. The issue involved, as stated earlier is determination of assessable value of caustic soda lye, supplied to the sister unit of the appellant. It is evident from the records that the appellant was supplying caustic soda lye to independent buyers also and the ld. advocate for the appellant admitted that the assessable value in respect thereof had been approved. In this regard it is p .....

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for delivery at the time and place of removal, where the buyer is not a related person and the price is the sole consideration for the sale: Provided that- (i) where, in accordance with the normal practice of the wholesale trade in such goods, such goods are sold by the assessee at different prices to different classes of buyers (not being related persons) each such price shall, subject to the existence of the other circumstances specified in clause (a), be deemed to be the normal price of such .....

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