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TMI Blog2017 (12) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... coils etc. liable to Central Excise duty. They have discharging Central Excise duty on the goods based on the transaction value when the same is cleared ex-factory. The present dispute is with reference to valuation of goods which were sold through depot. The appellants had wide variety of final products and were facing difficulty in paying Central Excise duty at the time of clearance from the factory for sale through depot as they could not ascertain the sale price of identical goods at or about the time cleared on sale from depot. In such situation, the appellants expressing difficulty in following the principles of Rule 7 of Central Excise Valuation Rules, followed a method of tracking each of the clearances from the factory till final s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, upon examining the verification report, he allowed the claim of the appellant only in respect of three financial years and rejected the claim for remaining period without a sustainable reason ; (b) the appellants discharged Central Excise duty on actual sale value when the goods were sold from depot. They have tracked all the consignments cleared from the factory for sale through depot and discharged the differential duty whenever the sale values were higher than the value on which initially they paid the excise duty. Since, the actual sale transaction is available and followed by the appellant, the Revenue cannot follow a price list which is only indicative for the clients ; (c) the demand invoking extended period is not sustaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer. We have perused the finding recorded in the impugned order on this aspect. We note while the Original Authority accepted the calculations and verifications made by the Jurisdictional officer alongwith the certificate of Chartered Accountant submitted by the appellant for three years. For the remaining three years he upheld the demand of differential duty. The reason recorded is that the data is taken from the appellant's record and admitted as correct by the representative of the appellant. On this, the learned Counsel submitted that the data based on sale invoice running into more than 200 pages were shown to the representative who admitted these are invoice data. This will not lead to the conclusion that the differential duty calcul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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