TMI Blog2018 (11) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of the goods sold, no alternate method of valuation nor any relevant provision under which the valuation has been carried out is disclosed in the Notice - there is no justification in rejecting the transaction value - appeal allowed - decided in favor of appellant. - Appeal No. E/1232,1233/2008 - A/87558-87559/2018 - Dated:- 4-10-2018 - Dr. D.M. Misra, Member (Judicial) And Mr. C.J. Mathew, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excisable goods, inputs etc. and they have paid appropriate excise duty in respect of all excisable goods manufactured and cleared by them. Their other unit had furnished an undertaking to the department, on the same date i.e. 08.7.2005 stating that they would be legally bound to fulfill and discharge all the obligations in respect of the unit sold to M/s. N Cube Fasteners Pvt. Ltd., Pune. Later, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of sale of their unit the appellants were having some work-in-progress of goods in their factory premises and accordingly sold the same to M/s. N Cube Fasteners Pvt. Ltd., Pune against proper excise invoices and against transaction value shown in the respective invoices. It is his contention that there was no additional consideration received nor allegation of flow back from the customers, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct as the inventory value shown in the balance sheet was higher. We do not find merit in the approach of the Revenue in revising the assessment. In rejecting the transaction value of the goods sold, no alternate method of valuation nor any relevant provision under which the valuation has been carried out is disclosed in the Notice. Also, we do not find from the records that the appellant had alleg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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