TMI Blog2018 (5) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... e 8 of the Central Excise Valuation Rules, 2000 - Held that: - in respect of the same goods since part of the said goods was sold independently to unrelated buyer, the transaction value of the said goods is available - Therefore, the said transaction value will prevail over the value in terms of Rule 8 of Central Excise Valuation Rules, 2000. The valuation adopted by the respondent i.e. the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to other customers on principal to principal basis for arriving at the value of these goods, cleared to their own unit for repacking. The case of department is that seince the goods are not cleared for sale from the factory, the valuation should be done under Rule 8 of the Central Excise Valuation Rules, 2000 according to which the value should be 115% of the cost of the final product. On compari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no exception provided in the law in such nature of transaction, therefore, the provision of Rule 8 is mandatory and the valuation should be done according to the said rule. 3. Shri Pankit Shah, learned C.A. appearing on behalf of the appellant submits that when the clearance of the excisable goods is made for sale as well as for job-work as in the present case for repacking, the sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partly to various customers on sale basis and partly on their own unit for repacking. In case of independent sale of the goods, the duty was paid on transaction value. As per Section 4(1)(a), the duty is chargeable on the transaction value. However, as per Section 4(ii)(b) and rules made thereunder, if the price is not ascertainable under Section 4(1)(a) then the value should be arrived at on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead to determination of value, which will be more consistent and in accordance with parent statutory provisions of Section 4 of Central Excise Act, 1944. 5. Following the ratio of the aforesaid Larger Bench's decision, the valuation adopted by the respondent i.e. the transaction value of the same goods sold to independent buyer is a correct value. Hence, the valuation under Rule 8 of Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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