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G.R.SHARMA, P.S.BAJAJ
Futura Polymers Ltd. – Appellant
Versus
Commissioner of Central Excise, Chennai – Respondent
Per G.R. Sharma :
M/s. Futura Polymers Limited have filed this appeal. Being aggrieved by the order passed by the learned Commissioner (Appeals).
2. The facts of the case in brief are that the appellants are engaged in the manufacture of polyester chips, polyester (PET) preforms etc. They are a 100% Export Oriented Unit (EOU). During the course of manufacture of polyester chips of crystalline grade, polyester chips of Amorphous grade emerge. The appellants do not export the same but sell them in the domestic tariff area to M/s. Indian Organic Chemicals Limited on payment of applicable duty in terms of Notification No. 2/95-CE on the transaction value at which the goods are sold to M/s. Indian Organic Chemicals Limited. The department was of the view that the appellant and M/s. Indian Organic Chemicals Limited are related persons and therefore the transaction value is to be declared in terms of Rule 4 of Customs Valuation Rules. A show cause notice was accordingly issued proposing to determine the assessable value under Rule 8 of Customs Valuation Rules and sought to demand differential duty on the goods sold in the domestic tariff area through M/s. Indian Organic Chemicals Limit
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