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of <h1>Revenue appeal dismissed on valuation between interconnected undertakings under Section 4(3)(b)(i) Central Excise Act</h1> <h3>C.C.E & S.T. -Silvasa Versus Sterling Generators Pvt Ltd</h3> C.C.E & S.T. -Silvasa Versus Sterling Generators Pvt Ltd - TMI Issues Involved:1. Whether the respondent and the buyers are 'related persons' under Section 4(3)(b) of the Central Excise Act, 1944.2. Applicability of Rule 9 and Rule 10 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000.3. The legality of invoking the extended period of limitation.4. Whether the demand for the period prior to 01.12.2013 is sustainable.5. Revenue neutrality and the applicability of Customs Act, 1962 for clearances made by an EOU.Summary:1. Related Persons under Section 4(3)(b):The case revolves around whether the respondent and the buyers are 'related persons' as per Section 4(3)(b) of the Central Excise Act, 1944. The Commissioner examined the relationship under sub-clause (iv) of Section 4(3)(b) and found no mutual interest in the business of each other. The Tribunal upheld this finding, stating, 'the relationship is not covered by Sub-Clause (iv) of Section 4(3)(b) of Central Excise Act 1944 but only Sub-Clause (i) of Section 4(3)(b) of Central Excise Act 1944.'2. Applicability of Rule 9 and Rule 10:The Tribunal noted that Rule 9 and Rule 10 of the Central Excise Valuation Rules apply only when the goods are sold through persons related under sub-clauses (ii), (iii), or (iv) of Section 4(3)(b). Since the relationship was only under sub-clause (i), these rules were not applicable. The Tribunal stated, 'the transaction value of the goods between respondent and the so-called interconnected undertaking is correct valuation and the same cannot be disturbed.'3. Extended Period of Limitation:The Commissioner had dropped the demand for the extended period, citing that the issue was already under audit and inquiry since 2009. The Tribunal agreed, noting that 'extended period of limitation is not invokable in view of audit and inquiry conducted against the respondent on the same issue in 2009.'4. Demand Prior to 01.12.2013:The Tribunal found that the demand for the period prior to 01.12.2013 was not sustainable as the provisions of Rule 9 and Rule 10, as they existed then, were not applicable when goods were also sold to independent buyers. The Tribunal stated, 'the provisions of Rule 9 and Rule 10 of the valuation rules are applicable only if the entire quantity of goods cleared to related persons.'5. Revenue Neutrality and Applicability of Customs Act:The Commissioner had also set aside the demand on the grounds of revenue neutrality and that clearances made by an EOU should be raised under the Customs Act, 1962, not the Central Excise Act, 1944. The Tribunal upheld these findings, stating, 'the Ld. Commissioner has also set aside the demand on grounds - limitation, revenue neutrality, and that clearances made by an EOU is required to be raised in terms of Customs Act, 1962 and not under Central Excise Act, 1944.'Conclusion:The Tribunal dismissed the revenue's appeal, upholding the Commissioner's order. It concluded, 'the impugned order passed by the Adjudicating Authority is correct, legal and the same has no infirmity.' The appeal filed by the revenue was dismissed.
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