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    <title>2017 (3) TMI 610 - CESTAT MUMBAI</title>
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    <description>Captive consumption valuation under Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975 had to be based on notional profit, not actual earnings. The Tribunal noted that the Department had accepted addition of 10% notional profit for earlier periods where actual profit was lower, but sought to apply actual profit for the disputed period. Relying on Supreme Court authority, it held that the rule does not permit selective application of different profit bases within the same valuation exercise. The demand was therefore held unsustainable and the appeal was allowed.</description>
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      <title>2017 (3) TMI 610 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=340107</link>
      <description>Captive consumption valuation under Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975 had to be based on notional profit, not actual earnings. The Tribunal noted that the Department had accepted addition of 10% notional profit for earlier periods where actual profit was lower, but sought to apply actual profit for the disputed period. Relying on Supreme Court authority, it held that the rule does not permit selective application of different profit bases within the same valuation exercise. The demand was therefore held unsustainable and the appeal was allowed.</description>
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