CHAMUNDI STEEL CASTINGS (INDIA) LTD. Vs. THE CUSTOMS EXCISE AND SERVICE TAX APPELLATE TRIBUNAL SOUTH REGIONAL BRANCH AND THE COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) In this civil miscellaneous appeal, the following substantial questions of law are framed for consideration.

(2.) The appellant is the manufacturer of HSD bars falling under Ch. No. 721490 of Central Excise Tariff. Their products are cleared with their consignment agent, stock transfer sales (depot) and on conversion which are referred as "outlets". At the time of clearance of the goods from the factory gate, they adopt the market value as assessable value for payment of duty and subsequently on receipt of information regarding the value at which the three outlets have sold the said product, the assessee works out and pay the differential duty.

(3.) In the order in original, it was held that the assessee had to pay interest for the entire period, since they have not followed Rule 7 of the Central Excise Valuation Rules. The Commissioner (Appeals) recorded the following facts as admitted.