2005 (10) TMI 391

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....nt. Shri V. Valte, SDR, for the Respondent. [Order per : S.S. Kang, Vice President]. - Heard both sides. 2. Appellant filed this appeal against the adjudicating order passed by the Commissioner of Central Excise. Brief facts of the case are that appellants are clearing Lead and Zinc Concentrate to their own Units. The dispute is in respect of the assessable value of the Concentrat....

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....e present proceedings in respect of this period is not sustainable. On merit, the contention of the appellant is that for arriving at the assessable value of the Zinc Concentrates, the cost of production of one month is taken into consideration. The contention is that for the month of August and September 1999, the cost of production for the month of September, 1999 was taken into consideration. S....

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....od in dispute, therefore, the assessable value of the intermediate product is to be arrived at after taking into audited cost data, which is now available. 4. The contention of the Revenue is that the cost of production of their intermediate product is arrived at; by taking into consideration the cost data maintained by the appellants and is on accumulative basis. Therefore, no fault can b....

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....pellants treating the clearances on provisional basis and the assessments were finalized at the end of the financial year after taking into consideration the cost of same financial year. In the present case, the cost of production of one month is taken into consideration. The audited cost of production for the financial year is now available for the period in question. Therefore, we find, it is ap....