2012 (3) TMI 369

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Appellant. Shri Nagesh Pathak, AR, for the Respondent. ORDER This is an application under Section 35F of the Central Excise Act seeking waiver of the pre-deposit of excise duty to the tune of Rs. 21,29,116/- with interest thereon and penalty of equal amount. 2. Ld. Counsel for the appellant submits that the appellant is engaged in manufacture of Pig Iron, Rails, etc. The appellant....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The adjudicating authority confirmed the demand of excise duty by valuing the goods supplied to the sister concern as per Rule 8 of the Rules. 4. The appellant preferred appeal against the order-in-original confirming the demand which was rejected. 5. Learned Counsel for the appellant pressing for the waiver of the condition of pre-deposit has submitted that admittedly the appellan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 6. Sh. Nagesh Pathak, ld. AR has argued in support of the impugned order. He submitted that the adjudicating authority as well as appellate authority have rightly valued the goods supplied by the appellant to its sister concern as per Rule 8 of the Valuation Rules. He contended that during adjudication proceedings the appellant was given several opportunities to produce the relevant reco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Act, 1944. Plea of the Department is that since M/s. Nalwa Steel Pvt. Ltd. falls within the definition of related party as defined under Section 4(3)(b)(i), the appellant ought to have assessed the excise duty payable as per Rule 8 of the Valuation Rules which reads thus:- "Rule 8. Where the exciable goods are not sold by the assessee but are used for consumption by him or on his behalf in th....