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TMI Blog2013 (11) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... , but wrongly adopted a single uniform price for the whole month in determining the value of said stock transferred goods - Prima facie, there was no merit in the reasoning advanced by the Commissioner in adopting the selling price of the buyer of the consignment agent - The applicant have offered to make pre-deposit of Rs.10,00,000 – Thus, assessee is directed to deposit Rupees Ten Lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted. - Appeal No.Ex.Ap.10/11 - ORDER NO.S-203/KOL/13 - Dated:- 30-4-2013 - Dr. D.M. Misra and Dr. I.P. Lal, JJ. For the Appellant: Shri Bipin Kr. Jain, Advocate Shri S. Mohapatra, G.M.(Accounts) For the Respondent: Shri S. Misra, Addl. Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he factory, they have paid the differential duty of Rs.13,52,000/-. He has made a fair offer to deposit Rs.10.00 Lakhs (approx.) as interest involved on the same. 3. The Ld. A.R. for the Revenue has referred to the observation of the Ld. Commissioner at para 4.17 of the impugned order, whereby, the Ld. Commissioner has held that it was not the highest value that has been adopted but the price at which the consignment Agent s buyer being related to the consignment agent, had sold the goods during the relevant period. He has submitted that the Ld.Commissioner in the process has referred to and adopted Rule 9 of the Central Excise Valuation Rules, 2000. 4. In his rejoinder the Ld.Advocate for the Applicant has submitted that the demand not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of consignment Agent nearest to the time of clearances of goods from the factory of Applicant, as the basis for determination of assessable value of goods transferred from the factory to the premises of consignment Agent, but wrongly adopted a single uniform price for the whole month in determining the value of said stock transferred goods. We do not find any valid argument advanced by the Ld. A.R. as to why and how a single uniform price has been adopted for the clearances made from the factory gate to the premises of their consignment agent. Prima facie, also we do not find merit in the reasoning advanced by the Ld. Commissioner in adopting the selling price of the buyer of the consignment agent, in absence of any evidence and allegation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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