1990 (9) TMI 211

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..... tive consumption, they submitted a price list effective from 8-10-1978 indicating the control price of properzi rods at the rate of Rs. 9067/- per M.T. The Assistant Collector of Central Excise approved the price list for properzi rods after modifying the assessable value as under :- Ingot price Rs. 8732/- per M.T. Conversion charges Rs. 700/- per M.T. Total Rs. 9432/- per M.T. 5% Profit Rs. 471.60 per M.T. Assessable value of properzi rods Rs. 9903.60 per M.T. 2. The appellants challenged the Assistant Collector s order and filed an appeal before the Appellate Collector of Central Excise. The Appellate Collector observed that the appellants realised an extr .....

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..... o. 5(90)/78-Met-I(ii). The Ministry of Steel Mines (Department of Mines) fixed the sale price of aluminium ingots at Rs. 8732/-per tonne and of aluminium wire rods conforming to the specification : IS : 5484-1969 at Rs. 9067/- per tonne. He has argued that the aluminium wire rods manufactured by the appellants were of this specification and the same were sold at this fixed price. They could not sell the wire rods at any higher price. Therefore, the price fixed under the notification issued under the Aluminium (Control) Order, viz. Rs. 9067/- per tonne, should be the assessable value of aluminium wire rods manufactured by the appellants for captive consumption in terms of the provision of Section 4 of the Central Excises Salt Act read wi .....

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..... omparable goods produced or manufactured by the assessee or by any other assessee. According to Section 4(1)(a) of the Central Excises Salt Act, 1944, value of excisable goods for the purpose of central excise duty shall be deemed to be the normal price at which such goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal, where the buyer is not a related person and the price is the sole consideration for the sale. The Appellate Collector has categorically observed that from the records it was seen by him that the appellants realised extra amount of Rs. 805/- per M.T. as conversion charges in addition to the price fixed under the Aluminium (Control) Order. As thi .....

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