2012 (4) TMI 506

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.... Advocates, for the Appellant. Shri J.S. Negi, A.R., for the Respondent. ORDER These two stay petitions are filed for the waiver of pre-deposit of following amounts :- (a) Duty of Rs. 82,10,147/- on Unit-I of the appellant M/s. Gold Jyoti Polymers, along with equivalent amount of penalty under Section 11AC (b) Duty of Rs. 42,68,071/-on Unit-III of the appellant M/s. Gold Jyoti Polym....

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....t), and the prices charged by such ICUs are on the higher side than the prices charged by the appellant from their independent customers. He would draw our attention to Paragraph 23.1, 23.2 and 23.4 and submit that the adjudicating authority himself has rejected Rule 9 and 10 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, (hereinafter referred to as Valuat....

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....them on higher price. Learned adjudicating authority has proceeded on the ground that Rule 10 of Valuation Rules will apply. On perusal of the said Rule 10, we find that prima facie this Rule will not apply, as the said Rule talks about the arrangement of an assessee for sale of excisable goods, except to or through ICUs. In this case, we find that and it is undisputed that the appellant had sold ....