2017 (2) TMI 889

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....e Appellants Shri. V.K. Godbole, General Manager for the Respondent Per : Ramesh Nair The fact of the case is that respondent engaged in the manufacture of parts of motor vehicles, jigs, fixtures, tool dies, moulds, patterns etc. During the period 1-4-1998 onward, they supplied said goods to their other units for 'captive use' in the manufacture of final product or to their vendors/ job-w....

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....Commissioner(A.R.) appearing on behalf of the Revenue reiterates the grounds of appeal. 3. On the other hand, Shri. V.K. Godbole, Ld. General Manager appearing on behalf of the Respondent submits that issue is no longer res integra as this Tribunal in their own case on the same issue decided the matter in their favour vide Order No. A/1720/WZB/2005/C-III/EB dated 24-10-2005 and Order No. A/42-4....

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....se notice dt. 14/8/98 asking them to show cause why the valuation cleared for the goods declared as per proforma 11 (2)(b) for captive use in the manufacture of products at their other units or at the units of vendors should not be re-determined by adding gross profit from the Balance Sheet for the year 1997-98 @ 35.27% and by adding element of marktire, expenses @ 3.67% to the cost of production.....

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....Ltd vs CCEX Auranaabad 2001 (129) ELT 327 (Tribunal-LB), wherein it has been hcid that profit or loss made by the manufacturer from other activities, be they manufacturer of other goods or trading in other goods, is riot relevant while determining, the assessable value for captively consumed goods. Also finding that Commissioner (Appeals) had applied the case law in case of Mafatlal Industries Ltd....