2015 (10) TMI 2137

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....nt : Shri Ranjan Khanna, AR ORDER Per B Ravichandra These appeals are filed by the appellant against the order of the learned Commissioner (Appeals) and they are taken up together as the issue involved is same. The appellants are engaged in the manufacture of Punching and Binding machines, Laminating machines, Shredding Machines subject to Central Excise duty. These products are sold by t....

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....heir depots from where the goods were sold on retail prices. The Department adopted the retail price to demand the differential duty from them. There is no dispute that the appellants have genuine factory gate sales during the relevant period. In respect of stock transferred goods also their valuation fulfills all the requirements of Section 4 (1) (a) of the Central Excise Act, 1944, as available ....

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....anded based on retail sale price either at the factory gate or at the depot. Without prejudice to this contention, the appellant also argued that even if retail price is taken suitable deductions are to be allowed. 2. During the course of argument, the learned Counsel for the appellant drew our attention to the provisions of Section 4 (1) (a) as it existed during the relevant time to state that....

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....ntial duty on account of not following the provisions of Section 4 (1) (a) in respect of goods cleared by them. The admitted facts are that they are having normal wholesale price at the factory gate in respect of impugned goods and also in respect of clearances from depot they are to pay duty in terms of price prevailing at the depot at the time of clearances of such goods from the factory. The Re....