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Undervaluation of goods - FOS and Sucralose when cleared to related parties and M/s Surya Herbals by not following CAS-4 valuation method as provided u/r 8 of Central Excise Valuation Rules, 2000. Held that Rule 8 would apply only where entire production of a commodity is captively consumed. Rule 8 provisions will not apply where some parts are sold to independent buyers. In situations where both Rule 4 and Rule 8 apply, by sequential order, Rule 4 takes precedence over Rule 8 for determination consistent with Section 4(8) Central Excise Act, 1944. No evidence of cost comparison or comparable market price provided to show undervaluation. Demand of duty cannot sustain and requires to be set aside. Impugned order set aside. Appeal allowed.
Undervaluation of goods - FOS and Sucralose when cleared to related parties and M/s Surya Herbals by not following CAS-4 valuation method as provided u/r 8 of Central Excise Valuation Rules, 2000. Held that Rule 8 would apply only where entire production of a commodity is captively consumed. Rule 8 provisions will not apply where some parts are sold to independent buyers. In situations where both Rule 4 and Rule 8 apply, by sequential order, Rule 4 takes precedence over Rule 8 for determination consistent with Section 4(8) Central Excise Act, 1944. No evidence of cost comparison or comparable market price provided to show undervaluation. Demand of duty cannot sustain and requires to be set aside. Impugned order set aside. Appeal allowed.
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