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TMI Blog2017 (12) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... Asstt. Commissioner(A.R.) And Shri. Sanjay Hasija, Superintendent (A.R.) for the Revenue ORDER Per: Ramesh Nair The fact of the case is that assesses are clearing their excisable goods to their related unit. Valuation of the said goods for the purpose of payment of excise duty was made on the basis of costing sheet which was found lower. Accordingly, demand of short levy of excise duty was rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n case of Ispat Industries Ltd. Versus Commissioner of C. Ex., Raigad[2007 (209) E.L.T. 185 (Tri. - LB)]. As per this settled legal position, valuation of the goods in the present case should be on the basis of price of comparable goods sold to independent buyer. He further submits that since the goods were supplied to their related unit whatever duty was payable it was available as Cenvat credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under Rule 6 and on the basis of CS-4 certificate therefore appellant cannot argue that price should be on basis of sale price to the independent buyer, as the order of the Tribunal was not challenged by the assessee. As regard the Revenue's appeal Shri. S.V. Nair, Ld. A.R. reiterates the grounds of appeal. He further submits that period involved in the present case is prior to 1-7-2000 where ol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sister unit. The Commissioner dropped the demand on the ground that while calculating the short payment of duty, CERA took average per kg price by referring to three types of castings only and applied the same to all types of castings. These calculations cannot be logically applied to all sales, these three types of castings constitute only 25% share of the total sale. By observing so, he dropped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and no challenge was made either by the Revenue or by the Assessee. It is observed that the adjudicating authority has revalued the goods on the basis of cost sheet as per CAS-4 therefore the Adjudicating authority has scrupulously followed the direction given by the Tribunal. In this position neither Revenue nor the assessee should be aggrieved by the impugned order, accordingly, impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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