2006 (10) TMI 19

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....both sides, we find that the appellant is engaged in the manufacture of tools/dies for M/s. Ashok Leyland. These tools/dies are sold by them to M/s. Ashok Leyland at a value which includes their margin of profit. However, these tools/dies are not physically handed over to M/s. Ashok Leyland but are kept with them for further manufacture of components and parts of motor vehicles for M/s. Ashok Leyl....

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....taken into consideration for the purposes of arriving at the cost of parts and components being manufactured by them. For better appreciation, the relevant paragraph of the Commissioner's (Appeals) order is reproduced below : "The submissions made by the appellants have been carefully examined as also the certificate and detailed cost break on the Cost Accountant as also the chart showing as to....

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....cture of components and parts which in turn have a value. To this value must be added amortised value of each tool and dies and to arrive at the correct amortised value, apart from the original sale price of tool and die plus excise duty plus CST, there must be added the notional margin of profit of M/s. Ashok Leyland to arrive at the correct total value amount which when divided by the tool life ....

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....ement of Tooling Cost Developed for M/s. Ashok Leyland submitted by the appellants during personal hearing and marked as 'B' and which enclosed as Annexure to the Order-in-Appeal."  4.Ld. Advocate of the appellants submits that the dispute in the subsequent period in respect of the same, appellant was resolved by the Commissioner (Appeals) in their favour. The said order does not stand ap....