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    <title>2023 (8) TMI 1676 - CESTAT KOLKATA</title>
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    <description>CESTAT set aside the demand of differential duty raised by the Department on goods cleared by the Appellant to its own units, holding that valuation must be based strictly on CAS-4, which reflects only actual costs and not notional values. The Tribunal rejected the Commissioner&#039;s view that internal transfer prices/notional profits should be treated as cost of raw material, following precedent that notional values in inter-unit debit notes cannot be included under Rule 8 valuation for captive consumption. Referring to the binding departmental circular mandating CAS-4-based valuation, and noting that any differential duty would be revenue neutral as it would be available as credit to other units, CESTAT held the demand, interest, and penalties unsustainable and allowed the appeal.</description>
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    <pubDate>Wed, 30 Aug 2023 00:00:00 +0530</pubDate>
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      <title>2023 (8) TMI 1676 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=464886</link>
      <description>CESTAT set aside the demand of differential duty raised by the Department on goods cleared by the Appellant to its own units, holding that valuation must be based strictly on CAS-4, which reflects only actual costs and not notional values. The Tribunal rejected the Commissioner&#039;s view that internal transfer prices/notional profits should be treated as cost of raw material, following precedent that notional values in inter-unit debit notes cannot be included under Rule 8 valuation for captive consumption. Referring to the binding departmental circular mandating CAS-4-based valuation, and noting that any differential duty would be revenue neutral as it would be available as credit to other units, CESTAT held the demand, interest, and penalties unsustainable and allowed the appeal.</description>
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