2008 (11) TMI 149

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....nt. Shri V.R. Gyaneshwar, JDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T) (Oral)]. - This appeal arises from Order-in-Appeal No. 58/2005 (H-I) CE dated 29-4-2005 passed by the Commissioner of Customs & Central Excise (Appeals), Hyderabad. 2. The appellants removed iron powder from their Hyderabad factory to Hosur factory. The dispute relates to the valuation of these good....

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....pellants have taken 10% as the marginal profit but the revenue feels that they should have adopted the balance sheet profit percentage. It was stated by the learned counsel that in terms of CAS4, the elements such as selling expenses, removal expenses, distribution expenses and marketing expenses need not be taken into account while costing the product. When that is the case, if CAS is followed, t....

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....23) E.L.T. 222 (Tri.)] 4. The learned departmental representative took us through the Order-in-Appeal and stated that when the sale invoices for identical goods are available, in terms of the Valuation Rules which were relevant during the said period, those values have to be adopted. Therefore, the impugned order according to them is legal and proper. 5. On a very careful consideration of th....