2003 (12) TMI 388

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...., SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - On matter being called, nobody appeared on behalf of the applicant/appellant-company in spite of today's notice of hearing having been sent to them as also to their Official Liquidator. We also note from the records that on the last occasion, their Advocate was present, who brought to our notice that an Official Liquidato....

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....ers, by not including the loss occurred during the manufacturing process. The Revenue's contention is that it is the intrinsic cost of the landed raw materials, which is required to be taken into account for the purposes of arriving at the assessable and by not including loss element, the assessable value of the product has gone down. On the other hand, the applicant/appellant-company has contende....

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....d force in the above contention of the applicant/appellant-company. There is no question of availing any option between the two Rules i.e. Rules 6(b)(i) and 6(b)(ii) of the Central Excise (Valuation) Rules. 4. Rule 6(b)(ii) can be resorted to only if the provisions of Rule 6(b)(i) are not applicable in a given case. In the present case, we find that the applicants/appellants have contended....