TMI Blog2017 (3) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of Rule 9 read with Rule 8 of Valuation Rules, 2000, are not applicable to the facts of this case - charge of under valuation is not sustainable against the appellant - appeal allowed - decided in favor of appellant. - Appeal No. E/616/2007 - Final Order No: 60222 / 2017 - Dated:- 6-2-2017 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Judicial) Sh. Sudhir Malhotra, Advocate - for the appellant Sh. R.K. Sharma, AR- for the respondent ORDER Per Ashok Jindal The appellant is in appeal against the impugned order against the charge of under valuation. 2. The brief facts of the case are that the appellant is engaged in the manufacture of Iron Steel Castings and parts of Motor Vehicle. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and considered the submissions. 6. On careful consideration submissions made by both the sides, we find that the short issue involved in the matter is that whether in the facts and circumstances of the case the provisions of Rule 9 read with Rule 8 of Central Excise Valuation Rules, 2000, are applicable to the facts of this case or not? 7. It is admitted fact that the appellant is not clearing the goods 100% of the production to the related person and only 80% to 90% of the production was cleared to the related person, therefore, it is to be seen whether the provisions of Rule 9 read with Rule 8 of the Central Excise Valuation Rules, 2000 are applicable of this case or not? For better appreciation of the Provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary company of the assessee, then the value shall be determined in the manner prescribed in rule 9. Explanation- In this clause holding company and subsidiary company shall have the same meanings as in the Companies Act, 1956 (1 of 1956). (b) In any other case, the value shall be determined as if they are not related persons for the purpose of sub-section (1) of section 4. 8. On going through the said rules, the said rules are applicable only in a situation where the appellant is clearing 100% of this production through the person who is related. Admittedly, the appellant is not clearing 100% of production through related person. In that circumstances, we hold that the provisions of Rule 9 read with Rule 8 of Valuation Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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