2006 (11) TMI 206

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....xcise Act, 1944 is directed against the Final Order No. A/12/WZB/2005/C-I, dated 4-1-2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, West Regional Bench at Mumbai (for short 'the Tribunal') in Appeal No. E/1873/99-Mum. whereby the Tribunal has upheld the order passed by the Commissioner (Appeals) and that of the authority in original relying upon a decision of two Member Ben....

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....by the appellant also confirms that no addition towards profit is to be made in case of assessees incurring losses. The submission of the appellant against addition of notional profit is therefore, required to be reconsidered by the adjudicating authority after going into the relevant data regarding profits, to be submitted by the appellant. Accordingly, the appellant succeeds on this ground of va....

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....xcisable goods produced by a manufacturer are not sold but are captively consumed by him and when value of comparable goods is not available, the value of goods captively consumed should be determined on the basis of cost of production or manufacture, "including profits, if any, which the assessee would have normally earned on the sale of such goods." If an assessee has normally been making profit....

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.... In the present case also the Assistant Collector's decision on valuation of the captively consumed wrapper paper is based on the manufacturing cost of wrapping paper as per Chartered Accountant Certificate produced by the appellants and the manufacturing profit of the said paper as per the Balance-sheet of the Company for the year ending 30-6-1981. Therefore, there is no reason to interfere with ....