2006 (3) TMI 481

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..... JDR P.K. Katiyar, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The appellants are engaged in the manufacture of H.R Coils and apart from selling the same in the open market to independent buyer, they are also transferring the same to their sister concern. At the time of transfer of the said goods, Central Excise duty is being discharged by them based upon the pri .....

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..... necessary adjustments. He submits that if value cannot be arrived at in terms of the said Rule, only then Rule 8 has to be relied upon. The Board s Circular is against the provisions of the said Rules and has been wrongly relied upon by the adjudicating authority. Reliance has been made on the Tribunal s decision in the case of Aquamall Water Solutions Ltd v. Commissioner of Central Excise, Banga .....

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..... e the goods are also being sold, Rule 8 is not the proper Rule to invoke for arriving at the correct assessable value. In any case the Tribunal s decision relied upon by the appellant fully covers the disputed issue. As such, we allow the stay petition unconditionally. Inasmuch as, the huge amount of duty is involved, we fix the appeal also for final disposal on 29-5-06. (Pronounced in Court) - .....

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