2017 (2) TMI 1143

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..... te, for the Respondent(s) Per : Devender Singh                                                            .....

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..... eir goods to Gear Division and M/s Sadhu Overseas, they were selling their goods to other independent buyers such as M/s Maruti Udyog Ltd. etc. They also submitted the details of percentage of such goods sold to such independent buyers. The Revenue, however, felt that the goods should have been assessed under sub-section (b) of Section 4 of Central Excise Act, 1944 read with Rule 8 of the Central .....

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..... ppeal, the Commissioner (Appeals) set aside the demands relying on the Tribunal's judgment in the case of Ispat Industries Vs. CCE, Raigad - 2007(209) ELT 185 (Tri.-LB). Aggrieved by the same, the Revenue has filed this appeal. 3. After hearing both the parties and examining the records, we find that the respondents were not clearing their entire production to the Gear Division of their own Compa .....

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..... ns of Rule 8 not only for the reason that they occur first in the sequential order of the Valuation Rules but also for the reason that in a case where both the rules are applicable, the application of rule 4 will lead to a determination of value which will be more consistent and in accordance with the parent statutory provisions of Section 4 of the Central Excise Act, 1944." 4. In view of the abo .....

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