TMI Blog2018 (3) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... sis of the cost construction @ 110% of the CAS-4 value - Held that: - when goods are partially consumed by independent buyers, it is not mandatory that the goods cleared for captive consumption has to be valued on the basis of cost construction. It is valid to take the transaction value of independent buyers i.e. comparable prices for adopting of payment of Central Excise duty. The respondent-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the appellant are partially consumed for manufacture of agriculture equipment which stands exempted under Notification No.5/2006-CE dated 01.03.2006. The rest of the goods manufactured are cleared to independent buyers on such payment of duty. The dispute in the present appeal is with reference to the value adopted by the assessee for paying duty for goods which have been captively consumed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kground we heard Sh. M. R. Sharma, ld. AR for the Revenue and Sh. Abhash Mishra, ld. Advocate for the assessee. 4. Ld. AR submitted that Rule 8 of the Valuation Rules covers goods which are captively consumed and accordingly are require to discharge duty in terms of CAS-4 valuation by adopting 110%. He relied upon various case laws. 5. Ld. Counsel for the respondent assessee however brought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follow the rules sequentially. The Rules only provide for different contingencies. The Board also has clarified in the circular dated 25.11.2013 issued at the time of amendment to Rule 8 of the Central Excise Valuation Rules, vide Notification No.14/2013-CE (NT) dt. 22.11.2013, has clarified that the new provision was introduced to cover the situation when a part of the clearances of manufactured ..... X X X X Extracts X X X X X X X X Extracts X X X X
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