2004 (9) TMI 716

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....The issue involved in this appeal filed by M/s. Avon Tubes Limited relates to determination of assessable value of steel tubes consumed captively by them. 2. Shri K.K. Anand, learned Advocate, submitted that the appellants manufacture steel tubes which are sold by them to independent buyers and also are used captively in their other units namely Unit No. 1 and Unit No. II for the manufacture of B....

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....er 60% of the production is sold to independent customers and remaining 40% of the goods are captively consumed; that in this situation the value is required to be determined by using reasonable means consistent with the principles and general provisions of the Rules and Sub-Section (1) of Section 4 of the Act. He relied upon the decision in the case of Steel Complex Limited v. CCB Calicut 2004 (6....

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....ted the findings as contained in the impugned order. 4. We have considered the submissions of both the sides. Section 4 of the Central Excise Act provides that whether the goods are sold by the assessee for delivery at the time and place of removal, the assessee and the buyer are not the related and the price is the sole consideration for the sale, the assessable value will be the transaction val....