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2018 (12) TMI 425

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..... y - Held that:- The goods were not sold from the Haldia Depot, but were further transferred to other depots of the appellant and sold at different prices. As such in terms of the provisions of Section 4 of the Central Excise Act, 1944 read with Rule 7 of the Central Excise Valuation Rules, 2000, the appellant is required to discharge the duty at prices prevalent at the depot from where the goods a .....

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..... um products were transferred further from the Halida Depot to the appellant s depots situated at Rajbandha, Chitragunj and Mourigram and sold at prices different from the prices prevalent at the Haldia Depot. The department was of the view that the Central Excise duty is required to be paid by the appellant at the factory gate at prices prevalent at the depot from where the products were ultimatel .....

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..... 15.11.2018. In view of the above, he prayed that the penalties imposed may be set aside. 3. Ld. DR justified the impugned order. 4. The differential duty has become payable on the part of the appellant since the duty has been paid at the factory gate on the basis of contemporaneous prices prevalent at the Haldia Depot. However, the goods were not sold from the Haldia Depot, but were further .....

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