2008 (12) TMI 628

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....ellant. Shri A. Kumar, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - We have heard both sides on the application for waiver of pre-deposit of duty of Rs. 11,54,234/- together with interest and penalty of equal amount imposed upon the first applicant, M/s Sudershan Castings Pvt. Ltd. and penalties of Rs. 50,000/- each on M/s Sudershan Steels Pvt. Ltd.; M/s Triku....

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.... facie, established that they sold the goods not only to M/s. Trikuta Steels Rolling Mills but also to independent buyers at the same price as seen from Annexure 1 to the Written Submissions filed before the Commissioner, in addition to their reply dated 4-6-2007. In the year 2005-06, the quantity sold to related persons was 18540.695 MTs and the quantity sold to other buyers like M/s K.S. Profile....

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.... to independent buyers have taken place. In the case of Ispat Indus. Ltd. v. CCE, Raigad, 2007 (209) E.L.T. 185 (T-LB), the Larger Bench of the Tribunal has held that Rule 8 of the Central Excise Valuation Rules, 2000 will apply only when the entire production of a particular commodity is captively consumed, and in the present case since the entire production is not sold only to the related party ....