TMI Blog2018 (5) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... ere excisable goods are to be sold after their clearance from the place of removal, but value shall be normal transaction value of such goods sold from the said other place at or about the same time and where such goods are not sold at or above the same value, at the time nearest to the time of removal of the goods under assessment. In the present case, the goods cleared from the factory is plain MS/HSD but the same goods are sold from the depot as Speed MS/HSD. Therefore, all the goods which are cleared as plain MS/HSD, which was subsequently sold as Speed MS/HSD, the sale price of such plain MS/HSD shall apply. Appeal allowed - decided in favor of appellant. - E/262/2009, E/87429/2015 - A/86006-86007/2018 - Dated:- 13-4-2018 - S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the goods i.e. MS/HSD are cleared only in plain form and not in the form of Speed MS/HSD, therefore, the sale price of plain MS/HSD shall be applicable for the assessment of duty of the goods cleared from the factory. He further submits that any value addition due to conversion from MS/HSD after removal of the goods, the same cannot be added in the assessable value of the manufactured goods cleared from the factory. In this regard, he placed reliance on the following decisions: (a) Savita Chemicals Ltd. 2000 (119) ELT 394 (Tri) affimed by Hon'ble Supreme Court reported at 2001 (130) ELTA262 (SC). (b) Hindustan Petroleum Corpn Ltd. Vs. Commissioner of Central Excise - 20Q9 (234) ELT 648 (TN-Dei). (c) Bharat Petroleum Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l apply. In this regard, we refer Rule 7 of the Central Excise Valuation Rules, 2000, which reads as under: - Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot, premises of a consignment agent or any other place or premises (hereinafter referred to as such other place ) from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be the normal 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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