2018 (11) TMI 1198

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.... (A. R.) for the Revenue ORDER The facts of the case in brief are that the appellant is engaged in the manufacture of Pig Iron, Sponge Iron, MS Billet and Re-Rolled products, classifiable under Chapter 72 of the First Schedule to the Central Excise Tariff Act, 1985. The appellant's factory is an integrated Steel Plant. The principal Raw-Materials which are Sponge Iron, M. S. Ingot etc. have been....

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....d 30/06/2006, issued by M/s. Jai Balaji Sponge Limited in terms of Rule 9 read with Rule 8 of the Central Excise Valuation Rules, 2000. 5. The Ld. Representative further submits that the transaction value of Non-Alloy Steel ingots on which M/s. Jai Balaji Sponge Limited (Unit-II) paid duty was at @ of Rs. 12,500/- per MT. It is the case of the Department that they should have paid the duty by tak....

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.... on account of non-levy or short levy by reason of fraud, collusion or any willful misstatement or suppression of facts. 6. The Ld. Representative strongly argued on the following points: (i) That it is a case of sale of goods to a related buyer. The duty was paid independently and accordingly, supplementary invoices were issued by M/s. Jai Balaji Sponge Ltd. (Unit-II). (ii) That the duty payin....

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....issions, he relied upon various decisions. 7. The Ld. DR reiterates the discussions and findings of the Adjudicating Authority. 8. Heard both sides and perused the appeal records. 9. We find that M/s. Jai Balaji Sponge Ltd. (Unit-II) were initially discharging the duty on the goods cleared to their sister concern on stock transfer basis, on the basis of sales price to independent buyers during ....