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Case Law Details

Case Name : Sesa Sterlite Ltd Vs Commissioner of GST (CESTAT Chennai)
Appeal Number : Excise Appeal No. 42421 of 2013
Date of Judgement/Order : 12/06/2023
Related Assessment Year :
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Sesa Sterlite Ltd Vs Commissioner of GST (CESTAT Chennai)

In the appeal of Sesa Sterlite Ltd. Vs Commissioner of GST, CESTAT Chennai addressed the issue of the central excise ad-valorem value of copper anode manufactured by Sesa Sterlite Ltd. This case sheds light on the interpretation of Central Excise (Valuation) Rules, 2000 and Cost Accounting Standards – 4 (CAS-4).

Sesa Sterlite Ltd, manufacturing copper anode, found themselves under scrutiny regarding the ad-valorem value of their product for central excise purposes. As no independent sales occurred and all transfers were made to their own unit, the assessment had to follow the Central Excise (Valuation) Rules, 2000 and Cost Accounting Standards – 4 (CAS-4).

The provisional assessments, finalized at a later date, led to a dispute. The adjudicating authority finalized the provisional assessment for the period from November 2002 to March 2003 by setting the value of copper anode at Rs.94,594/- per MT. The appeal, initiated by the aggrieved appellant, was rejected by the Commissioner (Appeals), leading to the case appearing before the CESTAT Chennai.

Here, the appellant’s counsel admitted their acceptance of the value determined in the Order in Original. They requested for netting the excess payment against the amounts short-paid before any demand was raised by the department. However, the Tribunal dismissed the appeal, stating that by accepting the valuation in the impugned order, the dispute no longer existed.

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