2026-VIL-1380-CESTAT-KOL-CE
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CENTRAL EXCISE CESTAT Cases

Central Excise – Valuation of Goods Cleared to Related Parties - During relevant period, Appellant cleared granulated slag to joint venture at lower rates than rates charged from independent buyers. Department issued EA-2000 audit and deficiency memo alleging that Appellant cleared granulated slag at lower rates to joint venture. Subsequently Show Cause Notice was issued invoking extended period of limitation proposing demand alleging that Rule 10(b) of Central Excise Valuation Rules applicable only when goods solely cleared to interconnected units and since Appellant cleared goods to both joint venture and independent buyers, Rule 10(b) inapplicable - Whether extended period of limitation was invocable in facts and circumstances of case – HELD – Tribunal in case of Kirloskar Brothers Ltd. held in identical factual situation that when EA-2000 audit team had requisite details from books of accounts maintained by assessee and rectification entries were put up before them, such conduct does not point to suppression. When reputed public limited company maintains proper books of accounts and rectifies mistakes by passing proper counter entries, extended period of limitation is not invocable. Facts in present case are similar to Kirloskar Brothers Ltd. case. Audit team had full access to records and entries were available. No suppression attributable to Appellant – Extended period of limitation is not invocable. Impugned proceedings not sustainable and set aside – The appeal is allowed
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