2021 (3) TMI 1407

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....inal product which is manufactured by the appellant and required to be added over and above the transaction value at which the final product is sold by the appellant to unrelated buyers. 2. Shri Madhav Kalani and Shri Gulshan Wadhwani, Learned Chartered Accountants appearing on behalf of the appellant submits that in the present case the demand is for the subsequent period as a recurring issue however, in the case of earlier period this Tribunal considering the same issue in the appellant's own case vide Final Order No. A/11997/2019, dated 30-10-2019 allowed the appeal setting aside the impugned order. He submits that since identical facts and law point involved in the present case the order of this Tribunal dated 30-10-2019 may be ....

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....nd perused the record. We find that the entire case is made out on the basis that the Royalty Charges is includible in the assessable value in case of captive consumption. Reliance is placed on the guidelines issued by Council of the Institute of Cost and Works Accountants of India on "Cost of Production for Captive Consumption." As per facts of the present case, the consumption of excisable goods is not for captive consumption but for home consumption and on principal to principal sale basis. Therefore, the guidelines relied upon by the department has no relevance in the present case. Now, coming to the facts that whether the transaction value at which goods were sold and excise duty was paid, included the Royalty Charges paid by the appel....