2026 (4) TMI 1821

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....ICAL) Shri Sudarshan Shit, A.R. for the Appellant Shri D. Sue, Authorized Representative for the Respondent ORDER PER R. Muralhdhar : The issue involved in the present appeal relates to the valuation of goods, namely insulated wires and bare copper wires, cleared by the appellant during the financial years 2003-04 and 2004-05. The Department alleged that the value adopted by the app....

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..... Hence, the present appeal before this Tribunal. 3. The Learned Counsel for the appellant submits as under: • The appellant had cleared the goods on sale basis through their own Depots. • Various post-removal expenses were incurred at the depot level, which were not considered by the adjudicating authority while determining the assessable value. • The app....

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....t the appellant cleared the goods to their own depots at a lower value. However, the goods were ultimately sold from the depots at a higher value. Therefore, the higher depot sale price should be adopted for the purpose of valuation. 8. Heard both the sides and perused the documents placed before us. 9. The appellants have cleared their goods to their own depots, from wherein they were selli....

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.... 7 of the Valuation Rules. After clearing the goods on provisional assessment basis, the final assessment should be completed in a time bound manner. This was not done in this case. Therefore, we are not inclined to entertain the appellant's plea to set aside the impugned order on merits. 10. However, we find substantial force in the appellant's argument that the demand would be hit by time bar....