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2020 ] COURT-ROOM HIGHLIGHTS A203

Valuation (Central Excise) — Captively consumed goods
whether to be assessed under Rule 4 of Central Excise
Valuation (Determination of Price of Excisable
Goods) Rules, 2000 or under Rule 8?
The Supreme Court Bench comprising Hon’ble Mr. Justice A.M.
Khanwilkar and Hon’ble Mr. Justice Dinesh Maheshwari on 23-9-2019 after con-
doning the delay admitted the Civil Appeal Diary No. 30347 of 2019 filed by
Rashtriya Ispat Nigam Ltd. against the CESTAT Final Order No. A/30016/2019,
dated 2-1-2019 (Rashtriya Ispat Nigam Ltd. v. Commissioner). While issuing the
notice, the Supreme Court passed the following order :
“Delay condoned.
Appeal admitted.
Tag with C.A. Nos. 3989-3990 of 2019.”
The Appellate Tribunal in its impugned order had followed the decision
in the case of Rashtriya Ispat Nigam Ltd. [Final Order Nos. A/31322-31323/2018,
dated 4-10-2018] and had held that the valuation of captively consumed goods is
to be done as per Rule 4 of the Central Excise Valuation (Determination of Price
of Excisable Goods) Rules, 2000 and not under Rule 8 of the said Rules.
REPRESENTED BY : Ms. Charanya Laksmikumaran, AOR, Mr. Aaditya
Bhattacharya, Ms. Apeksha Mehta, Ms Ishita Mathur
and Ms. Monica Kasturi, Advocates, for the Appellant.

Area based exemption under Notification No. 8/2004-C.E —
Demand notices issued based on Investment Ap-
praisal Committee’s decision disallowing invest-
ments made from escrow account, whether sustaina-
ble when neither Monitoring Committee’s report
supplied nor hearing granted to assessee?
The Supreme Court Bench comprising Hon’ble Mr. Justice A.M.
Khanwilkar and Hon’ble Mr. Justice Dinesh Maheshwari on 12-7-2019 issued
notice in Special Leave Petition (Civil) Diary No. 15602 of 2019 with SLP (C) D.
No. 18950 of 2019 filed by Union of India (Respondent being Dharampal Prem-
chand Ltd.) against the Judgment and Order dated 9-10-2018 of Tripura High
Court in Writ Petition (C) Nos. 355-356 of 2014 as reported in 2019 (366) E.L.T.
433 (Tripura) (Dharampal Satyapal Ltd. v. Union of India). While issuing the notice,
the Supreme Court passed the following order :
“Issue notice on the application for condonation of delay as well as on
the Special Leave Petitions.
Dasti, in addition, is permitted.
Mr. S.S. Shroff, Advocate waives notice for the respondent.
As prayed, three weeks’ time is granted to file reply, and thereafter,
two weeks’ time is granted to file rejoinder affidavit.
List the matter after five weeks for final disposal on a non-
miscellaneous day.”

EXCISE LAW TIMES  15th June 2020  49