valuation on stock transfer Rule 8 of valuation rule

[onkar kumar]

Dear Member Can any body tell me whether the decision in case of M/s Ispat Industries ltd. Vrs. CCE, Raigad 2007(209) ELT 185 (Tri-LB) has been overruled by any court?  In this case the tribunal held that when there is stock transfer for captive consumption as well as sell to independent buyer, Rule 8 of valuation rule will not be applicable for stock transfer case and goods will be valued under sectin 4(1)(a) i.e. transaction value. Thank You

AI Summary

Debate on Rule 8 Valuation: Captive Consumption vs. Independent Sales; Ispat Industries Case Still Valid A forum discussion revolves around the applicability of Rule 8 of the valuation rules concerning stock transfers for captive consumption versus sales to independent buyers. A participant queries whether the decision in a specific tribunal case involving Ispat Industries has been overruled. The discussion highlights differing interpretations of valuation rules, specifically whether Rule 8 applies when goods are partly transferred for captive consumption and partly sold to independent buyers. It is noted that the tribunal's decision has not been overruled and is supported by subsequent cases, suggesting Rule 8 applies only when goods are exclusively transferred to own units.