This case deals with the determination of assessable value of ...

Excise valuation dispute: Factory-to-depot transfers priced incorrectly.

Case Laws Central Excise

August 20, 2024

This case deals with the determination of assessable value of goods at the factory gate, which were not sold but transferred to depots. The revenue failed to properly apply Rule 7 of the Central Excise Valuation Rules, 2000 by not adopting the correct sales price prevailing at the depots at or around the time of clearance from the factory. The short payment in the demand notice was due to incorrect application of depot sale invoices, applying the sale price of one depot to clearances meant for another depot. The Tribunal found no reason to interfere with the adjudicating authority's order, as it was based on correct verification of data, and no contrary data was provided by the revenue. The Tribunal upheld the impugned order and dismissed the revenue's appeal.

View Source

← Previous Next →

This case deals with the determination of assessable value of ...

Excise valuation dispute: Factory-to-depot transfers priced incorrectly.

Case Laws Central Excise

August 20, 2024

You may also like:

Refund of excess payment of duty - Sale of goods through depot - Valuation - The duty is payable in accordance with the Section 4 of Central Excise Valuation Rules ,...

Valuation of the goods - sale through depot - It is not in dispute that the appellant cleared the goods from their factory, at the price prevalent at the depot and...

Valuation of goods - sale of goods through depot - in terms of Rule 7, in case goods not sold from the factory but transferred to the depot the price prevailing at depot...

Refund of the excess duty paid - whether subsequent negotiation of the prices can be the basis for reopening the assessment? - The Tribunal observed that the appellant...

Valuation - Permissibility of various types of discounts when goods are cleared from the Depot after payment of duty from the factory gate - the place of removal is not...

Valuation of goods - method of valuation - sale of goods from depot / customer care center - It is found that the form in which the goods have been sold at depot are in...

Valuation - stock transfers to depots at the prices prevalent on such date at the depots - depot sale price known prior to removal on which duty was paid - On subsequent...

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...

Valuation of goods sold at the depots - the absence of a transaction value from the depot would bring the impugned goods within the ambit of section 4 (1)(b) of Central...

Valuation - sale from depot - Tribunal had erroneously proceeded on the basis that the price based on which, benefit claimed is the prevailing price at the depot on the...

Valuation - stock transfer - Motor Spirit (MS) - the demand of duty is not from depots but from Korukkupet terminal who have stock transferred the petroleum products to...

Valuation - assessable value - ex-factory sales - so long as there is a genuine ex-factory price there can be no question of taking into account the depot price for...

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...

Valuation - the goods were partly sold at factory gate and duty was paid. Remaining goods were transferred to the Depot. Therefore, Rule 7 of Central Excise (Valuation)...

Transfer pricing officer (TPO) erred by considering non-associated enterprise (non-AE) revenue and costs while computing transfer pricing (TP) adjustment, contrary to...

Quick Updates: