2011 (6) TMI 636

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....pondent Per: Ashok Jindal M/s Castrol India Ltd. has filed this appeal against the impugned order demanding differential duty on goods captively consumed by them on the ground of undervaluation of such captively consumed goods. The brief facts of the case are that the appellants were manufacturers of Lubricating Oil. Intermediate products like Gum Rosin Concentrate, Dorf 5300 and XLM 12.7% e....

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....e appellant company appeared before us and submitted that for the period January, 1992 to December, 1995, a show-cause notice was issued to them on the identical issue of undervaluation of their captively consumed goods and vide Order No. 2012 & 2013 of 2005 dated 6.10.2005, the Bangalore Bench of this Tribunal has held that addition of notional profit of 10% is good enough. Therefore, the decisio....

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....e contesting that no interest may be demanded.    3. On the other hand, Shri Kishori Lal, learned SDR submitted that the appellants are liable to adopt the method given by the Board's Circular dated 30.10.1996 and to pay duty on this captively consumed goods by adding profit element based on profit for previous year. As they have not followed the method, the lower authorities hav....