Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Central Excise - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The case involved a dispute regarding the valuation of goods for ...


Related person - In a goods valuation dispute, Tribunal rules in favor of the appellant's declared price as 'Transaction Value.' No undervaluation found, demand deemed unsustainable.

Case Laws     Central Excise

June 29, 2024

The case involved a dispute regarding the valuation of goods for central excise duty purposes. The Appellate Tribunal held that the price declared by the appellant for the sale of finished goods to a related entity should be considered as the 'Transaction Value' for excise duty calculation, without the need to resort to specific valuation rules. The Tribunal also noted that the appellant was entitled to a duty refund under a notification and had not undervalued the goods sold. It further ruled that there was no suppression of facts justifying an extended period for raising demands. Consequently, the demand for duty was deemed unsustainable, leading to the allowance of the appeal without any imposition of interest or penalties.

View Source

 


 

You may also like:

  1. Valuation of imported goods - Related person - Merely because there were transfer of funds in India amongst three importers will not make them related persons in terms...

  2. Valuation of imported goods - inclusion of royalty and the cost of advertisement incurred by the Appellant in India in assessable value - related party - The Tribunal...

  3. Valuation (Central Excise) - Sale to related parties - the price to the related person cannot be called a non-commercial price since the same was higher than the price...

  4. Valuation of imported goods - The applicant's proposed valuation method, Transfer Pricing System and Steering Concept (TPuS) method also known as Resale Price...

  5. Method of valuation - Rule 11 is adopted when the situation is not covered by any of the other methods of valuation prescribed from Rule 4 to 10A. The method of...

  6. Valuation of goods - Transaction Value - Related Person - tribunal has said that both parts of Rule 9 of 2000 Rules are not fully attracted as it is and, accordingly, it...

  7. Valuation of imported goods - for the purpose of contemporaneous price, the price which is under dispute and enhanced out of such dispute cannot be taken as a price of...

  8. Valuation of imported goods - aircraft engine - vehicle expressly imported for a limited period and for ‘stop gap’ fitment during the overhaul of the regular engines by...

  9. Method of Valuation - prototype vehicles - goods cleared from the factory on payment of duty under self invoice on the comparable value of the similar vehicle applying...

  10. Valuation - related party - Rule 9 of valuation rules clearly stipulates that if the goods are cleared to a person who is consuming the same, then the provisions of Rule...

  11. Valuation - related person or not - a proprietorship concern and a Private Limited company are not related person - even if two are held to be related, the price to any...

  12. Valuation of goods - Related person - transaction value is influenced being related person - the adjudicating authority has rightly loaded the value 10% on the...

  13. Valuation of imported goods - Pistachio - Rule 8 of Customs Valuation Rules, 1988 - the comparison with the price of the different goods of different period cannot be...

  14. Valuation of goods - related party - inter-connected undertakings - They are inter-connected undertakings and hence are related in terms of Clause (i) of Explanation to...

  15. Excise – sale through related parties, valuation provisions applicable – tribunal order reversed by SC

 

Quick Updates:Latest Updates