9911796707
TMI Blog2017 (10) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction value is the value at which the assessment is done under Section 4 of Central Excise Act - the provisional assessment finalised by the order no. 106/DMD/02 dated 17.06.2002 cannot be applied to the value of clearance to sister units. In these circumstances, the relationship between the respondent and the sister units needs to be examined to arrive at the correct method for the purpose of arriving at the assessable value - appeal allowed by way of remand. - E/1047 to 1049/07 - A/89759-87561/17/EB - Dated:- 28-9-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri V.K. Agarwal, Addl. C.A.R for the appellant Shri Rajesh Ostwal, Advocate for the respondent ORDER Per: Raju The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Valuation Rules, 2000. The Commissioner has observed that the assessment of the said capital goods was done provisionally and the same were finalised dated 17.06.2002 accepting the valuation under Rule 8. Consequently, the demand was dropped. The appellants had applied for provisional assessment on 15.12.2000 and the reason for seeking provisional assessment for the reason that the capital expenses on account of local transportation and the taxes incurred on input, to load on value were not known. The said provisional assessment was done on 24.02.2001 and the same were finalised vide order no.106/DMD/02 dated 17.06.2002. Ld. Commissioner in the impugned order has relied on the Cenvat Credit Rules which during the relevant period r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Garware Chemicals Ltd. had cleared certain capital goods on which they had earlier availed cenvat credit of duty at the time of receipt. For the purpose of payment of duty they had arrived at the assessable value in terms of Rule 8 of the Central Excise Valuation Rules as the sale was to sister units, namely Garware Polyesters Ltd. (Chikalthana) and Garware Polyesters Ltd. (Waluj). For the purpose of arriving at the correct assessable value the respondents had applied for provisional assessment on 15.12.2000 and the same was allowed by the department on 24.02.2001. The said provisional assessment was finalised vide Order-in-Original no. 106/DMD/02 dated 17.06.2002 in terms of Rule 8 of the Valuation Rules 2000. Relying on the said final ..... X X X X Extracts X X X X X X X X Extracts X X X X
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