9911796707
TMI Blog2016 (1) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly, we hold that the price of gases sold to independent buyers of similar class should be considered for valuation of gases cleared by the appellants on stock transfer basis. The appellants’ claim that during the relevant period their sale to M/s. Saraswati Air Products will satisfy the criteria for comparable price in view of volume and class of buyers. We find that this claim merits consideration. We find in the present case the demands were issued based on scrutinizing of periodical monthly returns filed by the appellants. On advice by departmental officers the appellants paid the differential/additional duty on 5.10.99 well before the adjudication. Certificates under Rule 57E were also issued to them for availing credit. We find i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6 (b) can be applied to arrive at the correct valuation. The appellants also contested the imposition of penalties as there is no mis-declaration on their part. The entire duty paid by or payable by them is available as credit to their Faridabad unit. 4. During the course of arguments, learned Counsel for the appellants stated that neither the original authority nor the appellate authority has given any finding about what shall be the comparable value for the purpose of assessing duty in terms of Rule 6 (b) (i) of the Central Excise (Valuation) Rules, 1975. Learned Counsel pleaded that when comparable price is taken it should be for similarly placed buyers i.e. buyer of gases to repack it and further sell it. The department calculat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lass of buyers. Revenues stand that the highest of value is a comparable price is not supported by the provisions of law. We find that while the value adopted is to be based on comparable value there is no sanction to take highest of the independent sale price for such purpose. This Tribunal in the case of Somaiya Organics (India) Ltd. -2009 (244) ELT 115 (Tri.-Del.) held that The normal price of the goods is the price at which the goods are ordinarily sold in the course of wholesale trade. It is a sort of representative price of the goods during a particular period. Hon ble Supreme Court in the case of A.K. Roy and another v. Voltas Limited-1977 (1) ELT J-177 (S.C.) in para 19 of the judgment has observed that while determining t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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