2008 (1) TMI 134

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.... Commissioner No. 16 to 32/2004, dt. 21-10-04. 2. Heard both sides. 3. The relevant facts, in brief, are as follows: The appellant is manufacturing different goods falling under Chapter 15, 25, 28, 29, 68, 73 & 84 of CETA, 1985. The machines, machinery parts, articles of cement, articles of iron falling under Chapter 84, 68 & 73, which are manufactured by them are captively used in the factory ....

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....pearing for the appellant submits that during the relevant period, in respect of the captively used capital goods, values are determined under Rule 6(b)(ii) of the Central Excise Valuation Rules 1975, inasmuch as the capital goods in question are not at all sold but entirely used captively, and the value was adopted by them as cost of production + notional profit of margin. He submits that the not....

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.... the assessing authority. 4.2 In addition, the learned Advocate relies on the following judgments: (1) Kamarajar Electricity System v. CCE, Madras - 1997 (92) E.L.T. 100 (Tribunal) (2) Collr. of CE, Coimbatore v. Festo Elgi (P) Ltd. - 1998 (98) E.L.T. 617(Tribunal) (3) Goetze (India) Ltd. v. CCE, Bangalore - 2006 (193) E.L.T. 578 (Tri-Bang.) (4) CCE, Cochin v. Chakolas Spinning & Weaving Mill....