2017 (10) TMI 1029

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....sable goods to related party M/s Shri Ram Cable Pvt. Ltd. who consumed the products in further manufacture. Accordingly, the revenue entertained the view that the value adopted by the respondent to discharge Central Excise duty is not proper. Proceedings were initiated to demand and recover short paid central excise duty on this account. Though the Original Authority confirmed differential duty of Rs. 19.69 Lakhs, on appeal the Commissioner (Appeals) vide impugned order held that the said differential duty demand can be upheld only for the period 2007-2008 and not thereafter. 2. The revenue, aggrieved by this order filed this appeal. The Ld. AR elaborating the grounds of appeal submitted that the impugned order is not correct as the resp....

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....elated companies under Section 4(3) (b) for the Act is Balance Sheet for the Year 2006-07 and 2007-08. Though the appellant continued the clearances of semi-finished cables only to M/s Sri Ram Cables P. Ltd and no such clearances were being made to any other unrelated buyers, but since they remained no longer associated as seen from the Balance Sheet for the year 2008-09 onwards. There must be only one base to be relied upon for their association. Therefore, appellant required to pay the Central Excise duty at 110% of cost of production on their final product cleared by them to M/s Sriram Cable Pvt. Ltd. as per Rule 9 of the Central Excise valuation (Determination of price of excisable goods) Rules, 2000 read with Rule 8 of the Central Exci....