2022 (7) TMI 1239

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....how Cause Notice as indicated in the table below:- SI. No. SCN No. & date Amount of C.E.D. Period 1. MP-13/SCN/ISWP/Telco- III/97/449 dtd. 29.5.97 Rs.8,29,962.91 Dec '96 to March '97 2. MP-13/SCN/ISWP/Telco- III/97/737 dtd. 15.09.97 Rs.36,28,081 April' 97 to July' 97 2.1 Appellant had entered into an agreement with TISCO for conversion of billets into wire rods for job of basis. After during the course of conversion, certain losses, such as burning losses occurred to the extent of 7%. Accordingly, appellants were required to return 90 tonnes of wire rods after conversion against every 100 tonnes of billets provided by TISCO. Whatsoever, waste arises during the course of conversion was also cleared by the appellant o....

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....alue or not rather, he concluded that all the cost must have been included in the assessable value, since it was fixed by the principal, i.e. M/s TISCO. The adjudicating authority did not mention any such instance which could prove that such extra consideration formed part of the assessable value fixed by M/s TISCO. Purely on assumption, he concluded that all such costs were included in the assessable value. There appears no evidence on record to suggest that the same were included in the assessable vale. 8. The adjudicating authority also erred in placing reliance upon the CEGAT decision in the case of Surindra Steel Rolling Mills-Vs-CCE, Chandigarh. In the said decision, it was held that the assessable value included all the cost incurr....