2004 (10) TMI 207

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.... : T.K. Jayaraman, Member (T)]. - M/s. Tecumseh Products India Ltd. (hereinafter known as the appellants) are the manufacturers of Hermetically Sealed Compressors and the parts which are excisable. The issue for determination in this appeal is the value of captively consumed parts, manufactured by the appellant and used in the same factory and in their sister concern for manufacture of compressors....

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....35,817/- under Section 11AC and Rs. 10,000/- under Rule 173Q in respect of appeal No. E/238/02. 2. Smt. L. Maithili, learned Advocate appeared for the appellants and Shri P.M. Saleem, learned SDR appeared for the Revenue. 3. The learned Advocate brought to our attention the Board's Circular No. 692/8/2003-CX., dated 13-2-2003 wherein it is stated that the cost of production of captively cons....

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....ost of manufacture, cost of raw materials and profit only are includible in the assessable value'. Further reliance was placed on the decision in Mafatlal Industries Ltd. v. CCE, Mumbai-I - 2001 (134) E.L.T. 725 (Tri.-Mumbai) wherein it is held that 'marketing and sales expenses incurred subsequent to the manufacture have nothing to do with the manufacture itself and cost thereof is not includible....