TaxTMI 
TaxTMI 
2015 (10) TMI 2282
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.... that arises for consideration in this appeal relates to the manufacture, clearance and quantification of the product Kalogen Brill 3K and its valuation. Another issue which is raised pertains to under-valuation of the product known as Kalogen BL 3SL. The facts in brief are that the respondent-assessee herein who is the manufacturer of excisable goods falling under the erstwhile T.I. 68 and T.I. 14D of the Central Excise Tariff and declared their products in their classification lists as Kalogen BL 3SL under T. I. 14D chargeable to 30 per cent of BED plus 5 per cent SED and Kalso/Solvent KG under T.I. 68 at nil rate taking benefit of Notification No. 179/77 as the goods were manufactured without any aid of power. The appellant/Revenue issu....
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.... Bed advalorem and had filed a price list for the said product declaring the assessable value at Rs. 20/- per kg. As regards the product Kalsol/Solvent KG, the assessee had classified the same under T.I.68 and had claimed full exemption from payment of Central Excise duty quoting Notification No. 179/77 dated 18.06.1977 as amended by Notification No. 74/83 dated 01.03.1983 contending that the said product was being manufactured without the aid of power. The classification list and price list appeared to have been duly approved of by the Assistant Collector, Central Excise, Pune IV, Division Pune. The respondent replied to the said Show Cause Notice whereafter it was adjudicated upon and Order-in-Original dated 09.09.1986 was passed demand....
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....have issued invoices for supply of the goods, but the mere fact that invoices have been issued will not indicate the manufacture of different product and even if it is accepted that the different product is being manufactured, the fact remains that that the appellants have not received any further consideration in monetary terms over and above the invoice price on the alleged misdeclaration. When the charge of receipt of any additional consideration in monetary terms is not found, the valuation as per the invoice price has to prevail and in this connection it has been held by the Board that even if the goods are sold at prices less than the manufacturing cost, the sale prices will constitute under Section 4 of the Central Excise Act, 1944 a....