2015 (2) TMI 1052

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rums/container. The appellants were clearing the drum on payment of excise duty on factory value of the goods. However, the goods were not sold but being transported to Hyderabad to M/s Rajkamal Transporter. As per the agreement between the appellants and transporter, the transporter was required to warehouse the goods in transporter's warehouse. As and when they were getting order from one M/....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... time and therefore, the said amount is required to be added. The learned AR also relied upon this Tribunal's judgment in the case of Hard Castle Petrofer Pvt. Ltd. Vs. Commissioner of Central Excise, Jammu reported in 2014 (304) ELT 576 (Tri-Del) to support his contention. 4. We have considered the submissions. There is no dispute about the fact that the goods are not sold and these are cl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ight from the factory gate to the customers' premises, or the appellant were required to pay duty on the value of the goods at the factory gate i.e. FOR price minus freight charges from the factory gate to the customers' premises. The show cause notice while mentioning in Para 6 that the sales of the appellant are on FOR basis, still invokes Rule 5 of the Central Excise Valuation Rules, 20....