2015 (11) TMI 707

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....ndent to their refining unit in Jharkhand where the Anode Slime was being further processed for the extraction of silver. Since the Anode Slime is a by-product and its cost of production could not be determined on the basis of CAS-IV standard, Rule 8 of the Central Excise Valuation Rules, 2000 could not be invoked. The assessing officer, therefore determined the value of Anode Slime cleared to Jharkhand Unit under Rule 11 of the Valuation Rules by best judgment method and accordingly the value of Anode Slime was determined on the basis of the value of its silver content. However, the respondent while determining the value of Anode Slime in this manner, also deducted the element of duty on silver. The Department, however, was of the view tha....

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....ice had been issued to them well in time. In view of this, in accordance with the Rule 21 of the procedure Rules so far as respondents are concerned, the matter is being decided ex-parte. 5. Shri Ranjan Khanna, the ld. DR assailed the impugned order by reiterating the grounds of appeal in the Revenues appeal and pleaded that when during the period of dispute, the excise duty on silver was fully exempted, while determining the value of silver content in Anode Slime the excise duty was not required to be abated. He also pleaded that the setting aside of the duty demand by the Commissioner (appeals) on the ground of Revenues neutrality is also not correct. He also pleaded that since in the present case, the dispute is about the value of a b....