1998 (10) TMI 164

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..... Nunthuk, JDR, for the Respondents. [Order per : C.N.B. Nair, Member (T)]. -  This appeal of M/s. Gabriel India Ltd. relates to assessment to duty of "Copper Powder" manufactured and captively consumed by the appellant. The powder is a mixture of copper, lead and tin. The powder is made from ingots of those metals and the share of copper is between 73% and 80%. The impugned order held ....

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....ey have added a notional 10% of the value as profit, while the appellant had submitted that their unit was all along incurring losses and there was no justification in such a situation to make any addition towards profit. He submits that Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975 provides for addition of "profit if any". It is clear from the plane reading of the rule itself that pro....

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....ere was no profits in the production of the powder and they were incurring losses, the addition of notional profit is warranted while fixing the assessable value of captively consumed goods. 3.  We have perused the records of the case and have considered the submissions made by both the sides. With regard to the submissions on whether the powder is to be treated as copper, we find that Exp....