9911796707
TMI Blog2012 (9) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... tead of reversing the MODVAT Credit, they should have paid the duty on the said input by adopting the assessable value as 115% of the cost of production or manufacture of such goods – Held that:- Where the inputs or capital goods have been purchased from outside and in case of their removals as such to their another unit, then it would be reasonable to adopt the value shown in the invoice on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents are engaged in manufacture of metal containers. They were availing benefit of CENVAT Credit in respect of inputs utilized by them in the manufacture of said metal containers like C.R. Steel Strips, CRCA coils etc. 3. During the period 1-8-2000 to 30-6-2002, they availed credit in respect of steel strips as also coils. Subsequently the said inputs were cleared by them to their own si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst above order, the Commissioner (Appeals) set aside the same by observing as under : 7. The issue involved in the instant appeal is as to whether valuation of the inputs viz. C.R. Steel Strips, CRCA Coils cleared as such to their another unit M/s. Anup Industries Ltd., Unit No. 2, Village Khadki, Pardi, Pariya Road, Killa, Dist. Valsad by the appellants is to be done as per Rule 8 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deserves to be set aside. Hence the present appeal by the Revenue. 5. We have seen the said circular issued by the Board and relied upon by the Commissioner (Appeals). Point No. 14 deals with the issue involved in the present case. While laying down whether the input or capital goods on which the credit has been availed are removed by the assessee on sale, the transaction value has to be adop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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