2013 (10) TMI 1302

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....te, for the Appellant. Shri B.S. Meena, Addl. Comm. (AR), for the Respondent. ORDER The appeal is directed against Order-in-Appeal No. RK/219/NGP-I/2004, dated 19-8-2004 passed by Commissioner of Central Excise (Appeals), Nagpur. 2. The appellant, M/s. Sharda Ispat Ltd. undertook conversion of M.S. Billets into Tor Steel (Saliya) received from National Thermal Power Corporation Lt....

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....ch as in the relevant invoices, the appellant did not indicate the freight charges separately and also what was permissible to be deducted was only the actual cost of transportation and not equalized freight @ Rs. 600/- per MT. Accordingly, a differential duty of Rs. 40,673/- was confirmed against the appellant along with interest thereon and also imposing equivalent amount of penalty under Sectio....

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....ld be taken to arrive at the taxable value. In the present case, the value on which the appellant has discharged the excise duty liability is higher than the value arrived, following the Ujagar Prints formula. Thus, the appellant has discharged the duty liability correctly. As regards the invocation of Rule 5 of the Central Excise Valuation Rules, the ld. Counsel submits that the said Rule would a....

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....e sustainable in law. 6. We have carefully considered the submissions made by both the sides. 6.1 Rule 5 of the Central Excise Valuation Rules, as stood at the relevant time reads as follows : "Where any excisable goods are sold in the circumstances specified in clause (a) of sub-section (1) of Section 4 of the Act except the circumstances in which the excisable goods are sold f....