Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2024 (6) TMI 241

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Central Excise (Determination of Price of Excisable Goods) Rules, 2000, merely owing to relationship with the recipient is contrary to section 4 of Central Excise Act, 1944. The appellant manufactures ropes from 'high density polyethylene (HDPE)' and 'polypropylene (PP)' in Unit I which are cleared to unrelated persons on payment of duties of central excise in terms of section 4(1) of Central Excise Act, 1944 and, admittedly, also to Unit II, an export oriented unit (EOU) issued with Letter of Permission (LoP) under the eponymous scheme in the Foreign Trade Policy (FTP) and an undertaking of the same company, with duty liability on the latter discharged at the same rate of duty and value as in the other category of sales. 2. On conclusion....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....te, adoption of the value at which other clearances are effected suffices for payment of duty for the impugned goods. It is now pleaded before us that case law in support thereof had been discarded in the impugned order by referring to the decision of the Hon'ble Supreme Court in Eicher Tractors Ltd v. Commissioner of Customs [2000 (122) ELT 321 (SC)] and that their contention of rule 4 of Central Excise (Determination of Price of Excisable Goods) Rules, 2000 governing their clearances was rejected thus '5. As per Rule 4 of Valuation Rules if goods are not sold at the time of removal, then value will be based on the value of "such goods" sold by assessee at any other time nearest to time of removal subject to reasonable adjustments. This ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ances were by 'stock transfer' and for further manufacture requiring valuation under rule 8 of Central Excise (Determination of Price of Excisable Goods) Rules, 2000 to be affirmed. He drew attention to the decision of a Larger Bench of the Tribunal in ITC Ltd v. Commissioner of Central Excise, Chennai [2016 (333) ELT 287 (Tri-LB)]. 6. There is no doubt that clearances were effected to themselves and, therefore, it is the conformity of the invoice value to the relevant provision in Central Excise (Determination of Price of Excisable Goods) Rules, 2000 that needs to be ascertained. According to Learned Counsel, rule 8 of Central Excise (Determination of Price of Excisable Goods) Rules, 2000, by recourse to proviso in rule 9 therein, is inte....