2025-VIL-2048-CESTAT-DEL-CE
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CENTRAL EXCISE CESTAT Cases

Central Excise – Rules 7 and 11 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 – Clearance of goods – Allegation of undervaluation – Demand of short paid duty – Appellant is engaged in manufacture of CR galvanized/colour coated coils/sheets – Department issued show cause notice alleging that goods cleared by Appellant to depots were undervalued and duty on such goods was required to be paid on basis of depot Price List in terms of Rule 7 of the Rules – Commissioner confirmed demand of short paid duty – Whether Commissioner is justified in determining the value shown in depot price list as the assessable value – HELD – Rule 7 of the Rules provides that value shall be the normal transaction value of goods sold from depot at or about same time or at time nearest to time of removal of goods. Purpose of Rule 7 of the Rules is that if actual transaction value is not available, as there were no sale at time of removal of goods from factory, value of contemporaneous sale of goods from depot can be used as assessable value. Methodology adopted by Appellant for payment of differential duty, in case where goods were sold from depots at prices higher than that declared at time of clearance of goods from factory, was closer to valuation of goods under Rule 7 of the Rules. Depot price list gave indicative prices and could not have formed basis for valuation either under Rule 7 or under Rule 11 of the Rules. Impugned order passed by Commissioner cannot be sustained and is set aside – Appeals allowed
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