2023 (3) TMI 730

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....llant Ms. L. Maithili, Learned Advocate. For the Respondent : Smt. K. Komathi, Learned Additional Commissioner. ORDER : [PER HON'BLE MRS. SULEKHA BEEVI C.S.] The above appeal was listed for hearing on 05.11.2013. The Tribunal vide Interim Order No. 37/2014 dated 11.02.2014 had decided the Issues No. 1 and 3 therein and had set aside the demand of duty along with interest and penalty in....

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....under:- "(i) Whether, in the case of inter-unit transfer of goods for captive consumption, the entire value (i.e. 115% / 110% of the cost of production) OR the actual cost of production (i.e. 100% of cost) excluding notional loading (i.e. 15% / 10%) of the goods manufactured by the one unit, would be the cost of raw material of the another unit (who used the goods in the manufacture of an....

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....h as reported in 2011 (274) E.L.T. 564 represent the correct position in law. The findings of the Larger Bench are reproduced as under:- "20. In the light of our foregoing analyses, discussion and reasons, we answer the reference as under : (a) In the case of Inter-unit transfer of goods for captive consumption, the actual cost of production (100% of the cost of production), of t....

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....n Eveready Industries and the subsequent decision of the same Regional Bench in the judgment reported in 2011 (274) ELT 564 represent the correct position in law. The decision of the Mumbai Division Bench in Tata Iron and Steel Co. Ltd. v. C.C.E., Thane-II - 2013- TIOL-707 = 2014 (300) ELT 571 (Tri. - Mumbai) does not represent correct view regarding application of Rule 8 of the Valuation Rules an....