2016 (11) TMI 306 - SCH - Central Excise

Rule 8 of the Valuation Rules - goods cleared to a related person - Evasion of duty - invoke longer period - Held that - Impugned orders passed by the Customs Excise & Service Tax Appellate Tribunal do not call for any interference 2007 (10) TMI 76 - CESTAT BANGALORE - there is no justification to invoke longer period as the entire exercise is revenue neutral and the intention to evade duty cannot be proved. Hence the longer period cannot be invoked. Valuation cannot be made applicable to the related companies. In that sense the valuation method adopted by the appellant for clearances of iron pellets on job work basis to ESL is correct. No justification for demand of duty and imposition of higher penalty.

Summary

The Supreme Court dismissed the appeals as the impugned orders by the Customs, Excise & Service Tax Appellate Tribunal were based on facts and did not raise any legal questions. (Case citation: 2016 (11) TMI 306 - SC)