my Client has sold the products to sister concern @ 100 % but Central excise Audit Parties are told to pay 10% for not following Rule 8 of (Determination of Price Excisable Goods ) Rule 2000 if he can availe abatement of MRP @35% if any case law is there ?
Where the excisable goods are not sold by the assessee but are used for consumption by him or on his behalf in the production or manufacture of other articles, the value shall be one hundred and ten per cent of the cost of production or manufacture of such goods.
Valuation under Rule 8 - audit applied Rule 8 uplift to related-party sale; query raised on MRP abatement applicability. Rule 8 prescribes that where excisable goods are not sold but used in production, value is fixed at one hundred and ten per cent of cost of production. The query describes sales to a sister concern at full cost with auditors applying Rule 8 to add ten percent, and asks whether a thirty-five percent MRP abatement can be claimed instead; only a request for clarification was recorded as reply. (AI Summary)