2019 (7) TMI 781

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....set aside the order passed by the primary adjudicating authority dropping the demand raised vide Show Cause Notice dated 24 February, 2016 issued to the appellant. 2. The facts of the case are that the appellant is a holder of Central Excise Registration and engaged in the manufacture of Sponge Iron, Ingot, Billet, Silico Manganese classifiable under Chapter 72 of the Central Excise Tariff Act, 1985 (hereinafter referred to as the Tariff Act) and also availing the facility of Cenvat credit under the provisions of Cenvat Credit Rules, 2004. During the scrutiny of ER-1 returns filed by the appellant, it appeared that they have transferred Silico Manganese from their factory to their depot at Nagpur for further sales to their customers. How....

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.... the impugned order. 5. After hearing the parties, we find that the issue is no more res integra in view of the order of this Tribunal referred above. The relevant portion of the order is reproduced as under: "11. For the present case, it is apparent and admitted fact that before removing goods from the appellants factory in Raipur to their Depot in Nagpur the appellants have paid the Excise Duty. In the given scenario the definition of transaction value acquires importance for the adjudication of the above question. Section 4 (d) of CEA defines transaction value means; "The price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liab....

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....and confirmed by the Adjudicating authorities below in the present case. But we observe that the differentiating fact of the present case is that the appellants are not removing the entire manufactured Silicon Manganese to their Deport rather they are selling the major portion thereof from the factory itself and the remaining is being transferred to the Depot to be sold to the further buyers. If we have a look at Rule 7, it reads as follows:- "Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a Depot, premises of the consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the place of removal and were the a....