2015 (4) TMI 162

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....acture of Viscose Rayon Filament Yarn, falling under chapter sub-heading numbers 5403.32 of CEATA,1985. During the relevant period i.e. 01.07.2000 to 31.05.2004 & January 2005 to Jan.2006, they had manufactured & cleared the said goods from their factory to various depots resorting to provisional assessment, from where ultimately such goods were sold to the customers. It is alleged that on account of incorrect determination of assessable value under Section 4 of Central Excise Act, 1944 read with Rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, on finalization of provisional assessment, there was short payment of duty. Fourteen periodical show cause cum demand notices were issued to the respond....

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....visionally, following Rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Later, the respondent has adopted the depots selling price nearest to the time of removal of the goods from the factory and paid the differential duty accordingly. He submits that the department has accepted the depot sale price as on the date of removal or before the date of removal from the factory to depots. However, demand notices were issued where the nearest time of sale was considered for determination of assessable value, after the date & time of removal of the goods under assessment from the factory to depots. The Ld. Advocate citing an example has submitted that while clearing the goods from factory to the depot, o....