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2016 (9) TMI 479

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..... the course of wholesale trade is available and therefore by virtue of Section 4(1)(a) ibid that will be deemed to be assessable value obviating the need to go to Section 4(1)(b) ibid and the Valuation Rules framed thereunder. Therefore, the assessable value for caustic soda lye supplied by the appellant to its sister unit would be the same as determined for the independent buyers in terms of Sect .....

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..... er to the jurisdictional officer for passing order afresh on the price lists after giving an opportunity of personal hearing to the appellant adding that while doing so, the jurisdictional officer shall examine the impact of proviso to Rule 6(b)(i) of the Central Excise Valuation Rules, 1975. We also notice that the CESTAT in the said order observed that we do not want to express any opinion abo .....

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..... is chargeable on any excisable goods with reference to value, such value shall, subject to the other provisions of this section, be deemed to be- ( a ) the normal price thereof, that is to say, the price at which such goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal, where the buyer is not a related person and .....

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..... or the maximum price, as the case may be, so fixed, shall, in relation to the goods so sold, be deemed to be the normal price thereof; ( iii ) where the assessee so arranges that the goods are generally not sold by him in the course of wholesale trade except to or through a related person, the normal price of the goods sold by the assessee to or through such related person shall be deemed to .....

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..... of wholesale trade is available and therefore by virtue of Section 4(1)(a) ibid that will be deemed to be assessable value obviating the need to go to Section 4(1)(b) ibid and the Valuation Rules framed thereunder. 4. In the light of the foregoing discussions, we are of the view that the assessable value for caustic soda lye supplied by the appellant to its sister unit would be the same as det .....

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