2010 (1) TMI 957

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..... but are used for consumption by him or on his behalf in the production or manufacture of other articles and the value shall be 110% of the cost of production or manufacture of such goods. Therefore, once there are sales to independent buyers, provisions of Rule 8 will not apply.
Shri B.S.V. Murthy, J. Shri R.S. Srova, JDR, for the Appellant. Shri Vinod Awtani, C.A., for the Respondent. ORDE .....

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..... er, Revenue is in appeal. 2. The learned SDR on behalf of the Revenue submits that the Commissioner (Appeals)'s order was not correct. The provisions of Section 11AB of Central Excise Act, 1944 clearly provides for liability of interest whenever differential duty has been paid. The reason for such payment is not relevant. He relies upon the decision of Hon'ble Supreme Court in the case of M/s. SK .....

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..... he production or manufacture of other articles and the value shall be 110% of the cost of production or manufacture of such goods. Therefore, once there are sales to independent buyers, provisions of Rule 8 will not apply. He has also rightly relied upon the Larger Bench decision in case of M/s. Ispat Industries Ltd. v. CCE, Raigad - 2007 (209) E.L.T. 185 (Tri.-LB). In that case, it was held that .....

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