2003 (12) TMI 569

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....nt. Shri Sanjay Singhal, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The appellant was engaged in the manufacture of motor cycles, scooters, and auto rickshaws in its factory at Akurdi and utilising in the manufacture of such goods parts of these vehicles as the manufacture in its factory in Waluj at Aurangabad. It determined the value of the goods that it cleared f....

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.... part of their manufacture relying upon the decision of the Tribunal in the case of Dai Ichi Karkaria Ltd. v. CCE - 1996 (81) E.L.T. 676. The Commissioner declined to accept the ratio of this decision on the ground that it has been appealed to the Supreme Court. The Commissioner held that where the price under Section 4(1)(a) was available, that is the price that would determine the value and not ....

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....e appellant, that even when the value of a commodity is available under Section 4(1)(a), its value when it is being captively consumed, should be determined under Rule 6(b)(ii) is unacceptable. No doubt, Rule 6(b)(ii) specifically applies to a situation in which the goods are not sold by the assessee but captively consumed by him. It is to be noted however that clause (i) of Rule 6(b) itself bases....

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....wever, the contention that the extended period of limitation would not be available for such a demand has to be accepted for two reasons. Firstly, by an order passed on the assessee's appeal in 1991 the Commissioner (Appeals) held that for clearances from Waluj, of semi finished parts, the margin of profit was 10% of the cost furnished by the appellant. That order was not challenged by the departm....