TaxTMI 
TaxTMI 
2005 (6) TMI 326
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....nsultant, for the Appellant. Shri Ajay Saxena, DR, for the Respondent. [Order per : Moheb Ali M., Member (T)]. - The above appeals arise out of the common order of Commissioner (Appeals) Central Excise, Pune. The issue pertains to Valuation of Molasses, a by product which arises during the process of manufacture of sugar. 2. Appellant in E/2807/2000 is a manufacturer of suga....
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....provides a method for determining the assessable value of goods captively consumed. In the present case the entire quantity of molasses manufactured by the appellant is captively consumed. The appellant paid duty on the molasses after determining the assessable value at Rs. 401/- PMT on the basis that similar goods were sold at that price by other manufacturers of molasses. The Commissioner reject....
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....ion of captively consumed goods. It does not provide for acceptance or rejection of certificates given by an authority. Further the sugar technologists certificate gives the cost of production. It does not indicate that molasses was transacted at that price (Rs. 850/- PMT). The Commissioner's reliance on the certificate to determine the price of the impugned goods at Rs. 850/- PMT cannot be sustai....
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....e appellant that during the same period the price of molasses could be anything else than that. 5. We accordingly modify the order of the Commissioner and determine the value of molasses at Rs. 401/- PMT as against Rs. 850/- PMT determined by the Commissioner. 6. The appeal is thus partly allowed on the above basis. The appellant would accordingly pay the differential duty. E/28....