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TMI Blog2023 (12) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellant. Shri B Sangameshwar Rao, Authorised Representative for the Respondent. ORDER Issue in this appeal is with regard to valuation of the goods, wherein the Appellant Assessee have cleared kraft paper to their sister concern, and also to independent buyer during the period November 2001 to September 2010. 2. During the period November 2001 to February 2009 appellant had both sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the value shall be determined at 110% / 115% of the cost of production. Whereas Rule 4 provides "the value of the excisable goods shall be based on the value of such goods sold by the assessee for delivery at any other time nearest to the time of removal of goods under assessment". 5. The Larger Bench have held in the circumstances and facts as follows: 9. In view of what we have observed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) ELT 334 (Guj)] wherein similar issue was involved. Gujarat High Court has been pleased to confirm the findings of Larger Bench of this Tribunal in Ispat Industries Ltd., (supra). 7. For the period March 2009 to September 2010 admittedly there are no independent sales and all the removal of the goods are to the sister unit. Learned Counsel mentions that for this period, they have not disputed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee but are used for consumption by him or on his behalf in the production or manufacture of other articles, the value of such goods that are consumed shall be one hundred and ten per cent of the cost of production or manufacture of such goods." 9. Learned AR also relies on the ruling of Division Bench of this Tribunal in CCE, Indore Vs Surya Roshni Ltd., [2016 (10) TMI 1137-CESTAT, New ..... X X X X Extracts X X X X X X X X Extracts X X X X
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