TMI Blog2018 (3) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of sale at depot on 1.7.2000 was adopted. It is apparent that the CBEC wishes to adopt the price which is available at the time of clearance from the factory. The other interpretation sought by Revenue would perforce make all the clearances from the factory provisional and assessable price at the time of clearance from factory sale would always remain indeterminate - interpretation adopted by the appellant appears to be proper. Reliance placed in the case of EI. DU PONT INDIA PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CHENNAI [2004 (10) TMI 481 - CESTAT, NEW DELHI], where it was held that Once the normal transaction value of the impugned goods sold from other place at or about the same time is ascertainable, there is no need to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1. In other words the dispute was whether the price prevailing for sale at depot immediately prior to the clearance from the factory gate was to be adopted or the price prevailing at the depot at the point of time nearest to the time of clearance from the factory gate was to be adopted for the purpose of assessment. Ld. Counsel relied on the CBEC Circular No. M.F.(D.R.) F. No. 354/81/2000-TRU, dated 30.6.2000 which provide as follows : 19. If the goods are not sold at the factory gate or at the warehouse but they are transferred by the assessee to his depots or consignment agents or any other place for sale, the assessable value in such case for the goods cleared from factory/warehouse shall be the normal transaction value of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of goods under assessment . He pointed out that the said Circular clearly use the word sold and not the words to be sold or would be sold . 2.3. Ld. Counsel argued that CBEC Circular dt. 30.6.2000 cited above loss to rest the dispute by providing a specific example where the sale at depot immediately prior to the date of clearance from the factory has been made a reference point. Ld. Counsel argued that depot of sale price on a date subsequent to the date of removal from the factory would make the Rule 7 of the Central Excise Rules unworkabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination of Price of Excisable Goods) Rules, 2000. The definition does not indicate the time period over which the quantity is to be computed. Further, it is not clear whether it refers to the largest quantity sold to any particular assessee during the period or to the goods sold to the largest number of buyers. The term greatest aggregate quantity has been used to define the term normal transaction value used in Rules 7 and 9 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Seen in this context the time period should be taken as the whole day and the transaction value of the greatest aggregate quantity would refer to the price at which the largest quantity of identical goods are sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e greatest aggregate quantity of goods are sold. The Appellants have mentioned that they had discharged the duty liability as per the transaction value based on the normal transaction value and the greatest aggregate quantity sold by their consignment agent whereas the Revenue has demanded duty on the basis of prices prevailing on dates subsequent to the date of removal. It has not been denied by the Revenue that the Appellants have paid the duty on the basis of price at which the greatest aggregate quantity of goods are sold. The Revenue, however, wants to determine the assessable value on the basis of price at which the greatest aggregate quantity of goods are sold subsequent to the removal of goods. Once the normal transaction value o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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