Case Law Details
Brief of the Case
In the case of Eastman Spinning Mills (P) Ltd. v. Commissioner of Central Excise,Madura, it was held that that in case of captive consumption, the valuation would be done under Rule 8 and if same goods are partly sold by the assessee then such goods should be assessed on the basis of transaction value and duty to be determined as per Section 4 for each removal.
Facts of the Case
The brief facts of the case are that appellants are manufacturers of cotton yarn and cleared on payment of Excise duty. The finished goods were partly cleared to their own partnership firms and partly cleared to the unrelated buyers. The adjudicating authority in his order No.55/2003 dt. 8.12.2003 dropped the recovery of differential duty of Rs.16,27,108/- and Rs.3,37,488/-. Consequent to the said OIO, the appellant preferred refund claim for the differential duty already paid under protest. Refund was also sanctioned vide OIO No.3/2004 dt. 28.4.2004. Revenue preferred appeals before Lower Appellate Authority against both OIOs dt. 8.12.2003 and 28.4.2004. The Commissioner (Appeals) in the impugned OIA No.40/2005 dt. 21.3.2005 and OIA No.205/2005 dt. 13.10.2005 set aside the OIOs and allowed the Revenue’s appeals. Hence the appellants preferred these two appeals.
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