2016 (10) TMI 1137

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....a, Advocate ORDER B. Ravichandran, Member (T) 1. The Revenue is in appeal against order dated 27.12.2011 of Commissioner of Central Excise, Indore. The respondents-assessee are engaged in the manufacture of GLS bulbs etc. liable to Central Excise duty. During 2009-2010, the respondents-assessee transferred/sold their final products to their sister unit situated in Kashipur. The dispute in the p....

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....e respondent-assessee to their sister unit. Admittedly, in the present case, the goods were sold to independent buyers as well as cleared to sister unit. The Revenue relied on the decision of Tribunal in Ispat Industries vs. CCE, Raigad - 2007 (209) ELT 185 (Tri. LB). We note the finding of original authority recorded as below: 10. The assessee in their letter dated 28.05.2011 addressed to the Ad....

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...., distribution expenses etc. which are the main ingredients of price in case components/parts are sold to independent buyer. The case laws referred to in the Audit para appears not to be squarely applicable in this case as the case of Ispat Industries Ltd. the issue of valuation decided by the Hon'ble Apex Court relates to value at the time of import of the goods and not of clearance of indige....

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....1.2013. It was clarified that the new provision was introduced which clearly state their application irrespective of whether the whole or a part of clearances of manufactured goods are covered by the circumstances given in the said rule. The Board further stated that these amendments in the rules addressed the issues clarified already vide Board Circular dated 01.07.2002. In other words, it is app....