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2024 (5) TMI 6 - CESTAT CHENNAIMethod of Valuation - Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 or cost plus job work charges method to be adopted by them at the time of clearance - receiving goods from principal manufacturer namely M/s. Marico Industries and carrying out job work on the goods - demand alongwith interest and penalty - HELD THAT:- A Coordinate Bench of this Tribunal in M/S. BHAVANI ENTERPRISES, SREE MOOKAMBIKAI POLYMERS, M/S. SMITH ENTERPRISES VERSUS COMMISSIONER OF CENTRAL EXCISE, PONDICHERRY AND VICE-VERSA [2018 (2) TMI 139 - CESTAT CHENNAI] has examined an identical matter, wherein they have observed 'it needs to be mentioned that Rule 8 applies when goods are not sold. The goods (HDPE bottles) are sold by appellant to M/s. Marico. The appellant does not captively consume the goods nor does M/s.Marico consume it on behalf of appellant.' The impugned orders are not sustainable and merits to be set aside - Appeal allowed.
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