https://www.taxtmi.com/caselaws?id=754393 For the pre-amendment period, where clearances were made even partly to independent third parties, valuation of sister-unit clearances was required to be determined under Rule 4 of the Central Excise Valuation Rules, not Rule 8. On the facts, the sister-unit price was in several instances higher than the third-party price, so the demand failed on merits. The extended-period demand was also unsustainable because the duty on sister-unit clearances would have been available as Cenvat credit to the recipient unit, making the dispute revenue-neutral, and the issue was one of valuation interpretation rather than suppression. The confirmed demand was therefore set aside. en-us Mon, 19 Feb 2024 00:00:00 +0530 Mon, 24 Jun 2024 08:10:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754393 For the pre-amendment period, where clearances were made even partly to independent third parties, valuation of sister-unit clearances was required to be determined under Rule 4 of the Central Excise Valuation Rules, not Rule 8. On the facts, the sister-unit price was in several instances higher than the third-party price, so the demand failed on merits. The extended-period demand was also unsustainable because the duty on sister-unit clearances would have been available as Cenvat credit to the recipient unit, making the dispute revenue-neutral, and the issue was one of valuation interpretation rather than suppression. The confirmed demand was therefore set aside. Case-Laws Central Excise Mon, 19 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754393