TaxTMI 
TaxTMI 
2024 (8) TMI 907
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....of the case are that the respondents are engaged in the manufacture of excisable goods falling under Chapter 38 of the Central Excise Tariff Act, 1985. During the course of audit, it was noticed that the respondent has been clearing the manufactured goods from their factory to their depots across the country, from where the goods were sold to their customers. In clearing the goods from the factory to the depots, the assessable value of the goods are determined in terms of Section 4(1)(b) of the Central Excise Act, 1944 read with Rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. On scrutiny of their records, it is noticed that the assessable value arrived on the basis of sale of goods from the de....
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....on the verification report; therefore the impugned order is bad in law and liable to be set aside. 3. Per contra, the learned Chartered Accountant for the respondent submits that during the course of adjudication, they have submitted the entire data relating to sale price of the goods from the depots which has been applied in arriving at the assessable value of goods cleared from factory to depots at the time of sale or nearest time of sale. He submits that after analysing at or about the same time or nearest time of sale prices at a particular depot and applying the same to the clearance from the factory gate to the same depot, the Range Superintendent had arrived at the correct assessable and consequently the learned Commissioner has dro....
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.... the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 is extracted below:- Rule 7. 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 a consignment agent or any other place or premises (hereinafter referred to as "such other place") from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be the normal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the....