2015 (10) TMI 2271

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndependent buyers. The dispute is relating to the value of the castings which they cleared and used for their own factory in other location. The period involved is 1996 to 1999. The respondent assessee was filing the requisite price declaration supported by the Chartered Accountant certificate for the price of captively consumed castings. On the basis of such price declaration, goods were being cleared on payment of duty. Later on, department asked for the detail working on the basis of which the Chartered Accountant was issuing the certificate, which the appellant was not able to produce. Based upon the details available in the balance sheet, Revenue issued a show-cause notice demanding duty of Rs. 21,51,773/- invoking the extended period .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es effected to their own units. During the time of personal hearing M/s. Kishor Pumps submitted copies of invoices relating to supplies effected by them to other independent buyers and stated that the price declared by them for the goods in question used for captive consumption was always higher than the price at which such goods were sold by them to other independent buyers. From the aforesaid evidence furnished by M/s. Kishor Pumps, it is seen that the price declared by them for the goods in question used for captive consumption was always higher than the price at which such goods were sold by them to independent buyers. When value of comparable goods manufactured by the assessee and sold to independent buyers is available, the determinat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ence that the casting which were sold to independent buyers were different from the castings captively consumed. Similarly, it is only the apprehension that the date of invoices for independent buyers is different from the date of invoice for captive consumption. Even if these dates are different the prices of casting will not vary on day to day basis but would be fairly stable. Revenue has not produced any evidence that the dates of the invoice produced before the Commissioner were so much different from the date of captive consumed goods that the prices are necessarily different. In the absence of these details, we do not find any merits in the contention of the appeal filed by the revenue and we agree with the finding of the Commissioner .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X