9911796707
TMI Blog2011 (2) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 7 of the Central Excise (Valuation) Rules, 2002, the appellants were required to pay duty at the time of clearances of the coils from the factory at the price which were prevailing at the depot for the similar goods, taking into account the price of greatest aggregate quantity - the learned advocate held that it is the entire clearances which have to be taken into account and the assessee s liability has to be arrived at accordingly - The Revenue cannot pick only those matters where the goods were sold at higher rates from the depot and ignore the clearances which were ultimately sold at a lower value, though the duty was paid at the higher assessable value - Hence , that such excess payment and short payment have to be neutralised, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant s depots in Chennai were visited by the officers of DGCEI on 04.04.2007 and they conducted various checks and verifications. A view was entertained that the price at which the coils were being sold from the depots was in some cases, higher than the price at which the duty was discharged at the time of stock transfer from Surat their factory. As such, the appellants entertained a view that, in terms of the Rule 7 of the Central Excise (Valuation) Rules, 2002, the appellants were required to pay duty at the time of clearances of the coils from the factory at the price which were prevailing at the depot for the similar goods, taking into account the price of greatest aggregate quantity. The appellant was accordingly directed to pay th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be applicable. In any case, submits the learned advocate Shri V.K. Jain that the Revenue has only taken into account the clearances from the depots, which were sold at the higher value and have demanded the duty accordingly. He submits that there are cases where the duty was paid at the higher value at the time of removal from the factory gate and the goods were sold from the depots at lower value. The Revenue, while calculating duty difference, has not taken into account such clearances. He submits that if the entire clearances are taken into account, the same would show that they have in fact paid extra duty to the department. In support of his submission that such excess payment and short payment have to be neutralised, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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