2016 (9) TMI 479

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....pondent ORDER Heard both sides. 2.  The only issue involved in this case is determination of assessable value of input, namely, caustic soda lye, supplied to the appellant's sister unit located at Harihar, Karnataka.  This is second round of litigation.  In the earlier round, CESTAT vide its Final Order No.76-77-A, dated 09.01.1997 has remanded the matter to the jurisdictio....

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....ing caustic soda lye to independent buyers also and the ld. advocate for the appellant admitted that the assessable value in respect thereof had been approved.  In this regard it is pertinent to reproduce Section 4 of Central Excise Act, 1994 as it then stood:- "4.  aluation of excisable goods for purposes of charging of duty of excise. (1) Where under this Act, the dut....

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.... to be the normal price of such goods in relation to each such class of buyers; (ii) where such goods are sold by the assessee in the course of wholesale trade for delivery at the time and place of removal at a price fixed under any law foe the time being in force or at a price, being the maximum, fixed under any such law, then, notwithstanding anything contained in clause (ill) of this p....

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....ds are not sold or for any other reason, the nearest ascertainable equivalent thereof determined in such manner as may be prescribed. Thus, at the relevant time, the present day concept of transaction value for determining the assessable value was not part of Section 4 ibid.  In the present case, normal price, i.e., the price of caustic soda lye ordinarily sold by the appellant to independ....