2014 (12) TMI 410

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....or the Appellant : Shri Gajendra Jain, Adv. For the Respondent : Dr B S Meena, Addl. Commissioner (AR) JUDGEMENT Per: P R Chandrasekharan: The appeal is directed against Order-in-Original No. 24/KKS/2003-04 dated 25.3.2004 passed by the Commissioner of Central Excise, Mumbai-III. Vide the impugned order, a duty demand of Rs. 7,75,105/- has been confirmed against the appellant M/s Emers....

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....i.e., whether the reversal of the credit taken is sufficient or the appellant should discharge duty liability on the value of such goods cleared in terms of sub-rule 1(c) of Rule 57AB. The department was of the view that similar parts were cleared from the appellant's warehouse for sale purposes and, therefore, the value of such goods was available and the appellant should have discharged duty....

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....nal in the case of Eicher Tractors Vs. Commissioner of Central Excise, Jaipur -2005 (189) ELT 131 (Tri-LB) and it was held that reversal of the credit of duty taken would suffice and there was no need for determination of value in respect of goods cleared as such in terms of Board's Circular dated 25.4.2005. In these circumstances, he submits that reversal of credit taken would suffice and the....

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....) of Central Excise Rules, 1944, duty liability has to be discharged on the basis of the price of such goods sold at the time of removal, he contends that in the present case also, the price at which such goods were sold from the warehouse should be taken as the value for discharge of excise duty and not the reversal of the credit taken. 5. We have carefully considered the submissions made by b....