2008 (12) TMI 628

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..... 8-EX(PB) - Dated:- 29-12-2008 - Ms. Jyoti Balasundaram and Shri M. Veeraiyan, JJ. Shri Ravi Raghvan, Advocate, for the Appellant. Shri A. Kumar, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - We have heard both sides on the application for waiver of pre-deposit of duty of Rs. 11,54,234/- together with interest and penalty of equal amount imposed upon th .....

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..... le value arrived at 115% or 110% of the cost of manufacture of the goods. 3. We find that the applicants have, prima facie, established that they sold the goods not only to M/s. Trikuta Steels Rolling Mills but also to independent buyers at the same price as seen from Annexure 1 to the Written Submissions filed before the Commissioner, in addition to their reply dated 4-6-2007. In the year 2005 .....

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..... ns cited (supra), there was no sale of goods by the assessee to any independent buyers, while in the present case sales to independent buyers have taken place. In the case of Ispat Indus. Ltd. v. CCE, Raigad, 2007 (209) E.L.T. 185 (T-LB), the Larger Bench of the Tribunal has held that Rule 8 of the Central Excise Valuation Rules, 2000 will apply only when the entire production of a particular comm .....

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