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TMI Blog2024 (3) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... hat rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2002 is appropriate recourse for valuation of clearances in the impugned circumstances. It is no less apparent that CAS4 is to be the basis of computation for which purpose the insight afforded by the Guidance Notes is adequate justification. That this aspect was not considered by the adjudicating authority at all, insofar as the two additions supra are concerned, is amply evident and, for remedying that want in fresh proceedings, it is necessary that the impugned order be set aside. Appeal allowed by way of remand. - MR C J MATHEW, MEMBER (TECHNICAL) AND MR AJAY SHARMA, MEMBER (JUDICIAL) Shri Mehul Jivani, Chartered Accountant for the appellant Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te concerns three undertakings of the appellant, among which, that at Thane, and is the subject of the proceedings, manufactures several downstream hydrocarbon products, including lubricating oil, which are then either re-packed at the unit in Kukshet for supply to distributors or subjected to further processing at Silvassa for emergence of new products. The goods so cleared, and being to their own undertakings, are, in terms of rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, to be valued by reference to cost of production and the exclusion of the two expenses supra, is all that continues to plague this assessment dispute. 3. Learned Chartered Accountant submitted that disputed royalty , payable o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al before the Hon ble Supreme Court being dismissed along with others to which it was tagged. 4. As far as the other additions of administrative overheads , such as house rent allowance , staff welfare expense , and medical expenses , was concerned, it was submitted that nexus with production being of essence, as espoused in principles governing CAS4, and especially clause 5.7 therein, the inclusion by adjudicating Commissioner was faulty. Besides, several other issues, which are more of procedural requirements and pre-requisites, were raised by Learned Chartered Accountant. 5. We have heard Learned Authorized Representative. 6. It is evident from the submissions of Learned Chartered Accountant that rule 8 of Central Excise Valuation (Deter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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