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TMI Blog2020 (6) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Appellant Shri Surjeet Bhadu Advocate for the Respondent ORDER PER P.V SUBBA RAO: This appeal is filed by the Revenue challenging the impugned Order-In-Original 94/CE/CHD-1/2010 dated 09.09.2010. 2. The issue falls in a very narrow compass. It is a case of dispute regarding valuation of goods transferred to sister concerns when there is also sale price of the same goods to independent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved by this impugned order, the present appeal is filed by the Revenue asserting that the demand should have been confirmed as sales to independent buyers should form the basis for assessment of goods transferred to sister concerns as well. 4. The Ld. Counsel for the respondent draws the attention of the Bench to CBEC's Circular No. 643/34/2002-CX dated 01.07.2002. In this circular the Board has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectly since it covers only those cases where all the sales are to related buyers only". 5. Ld. Counsel would submit that their case is squarely covered by this clarification inasmuch as the dispute is with respect to the value of goods transferred/sold to related buyers and there is also a price of the same goods sold to independent buyers. He would submit that they have followed this clarificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, read with the Central Excise Valuation Rules. Prior to 2000, the valuation under Section 4 was on the basis of "normal value" i.e., the price at which such goods are sold in the course of wholesale trade where the buyer and seller are not related persons. The Valuation Rules during that period also enabled arriving at such normal price. This Section was completely revamped and a new Section 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as to how deal with the cases where there is sale to independent buyers as well as sale of the same product to sister concerns by the assessee. This has been clarified by the CBEC in the aforesaid Circular categorically holding that the price at which goods are sold to independent buyers cannot be applied to determine the value for sale to related persons. 9. The Commissioner has correctly foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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