2006 (9) TMI 34

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....stoms, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Chennai [for short "the Tribunal"] in Appeal Nos. E/358/99 and E/149/2001. 2.Before the Tribunal three points were argued, namely, (i) classification; (ii) applicability of the principles laid down in CAS-4 while determining the value of captively consumed goods; and (iii) percentage of profit that should be added while comp....

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....earing before the Tribunal had conceded that the principles laid down in CAS-4 while determining the value of the captively consumed goods are applicable and accordingly prayed that the matter be remitted back to the original authority with a direction that costing principle laid down in CAS-4 should be applied while arriving at the value of the captively consumed goods. The Tribunal on the conces....

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....es issued to the assessee by the department regarding its Monger unit in which it was proposed to add 10% as the cost of product to be the notional profit. 6.Admittedly, against the order passed by the Tribunal in ITC Limited case (supra), no appeal has been preferred by the revenue and in view of the settled law, the same has attained finality. Learned senior counsel appearing for the revenue ....

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....ir appeal. In the absence of any challenge to this effect in the appeal, we decline the permission to the counsel for the appellant to raise this point before us for the first time Concession made on behalf of the revenue before the Tribunal cannot be allowed to be retracted before us especially when the same is not challenged in the appeal. We cannot permit the revenue to take the respondent by s....