9911796707
TMI Blog1993 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... ranjape Autocast Pvt. Ltd. against order-in-original passed by the Assistant Collector of Central Excise and Customs, Satara Division, raising upwards the assessable value claimed by the appellants. 2. The brief facts of the case are that the appellants are manufacturers of cast iron castings for motor vehicle parts. For manufacture of cast iron castings, the appellants use sand which is coated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not in 1989 for which the price list was submitted. It was further stated that this price was inclusive of excise duty and sales tax and therefore cannot be adopted. The case was adjudicated by the Assistant Collector who found that M/s. Mutha Founders Pvt. Ltd. had claimed a price of Rs. 3.58 per kg. in respect of resin coated sand used by them captively duly certified by their Chartered Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tured by him, the same cannot be ignored by the Assistant Collector. It was argued that in respect of goods captively consumed, the assessable value is to be fixed by adding 10% profit margin to the manufacturing cost as has been held by the Hon ble Tribunal in the case of Food Specialities Ltd. v. Appellate Collector, Central Excise and Customs, New Delhi Others, 1988 (33) E.L.T. 331 (P H) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comparable goods are sold. In this case the department has been able to produce a invoice from M/s. Mutha Founders showing a sale price of Rs. 4.50 per kg. The appellants had produced another invoice of 1988 by M/s. Shell-sand Pvt. Ltd., Pune at the rates of Rs. 2.50 and Rs. 2.60 per kg. These invoices have not been commented upon by the Assistant Collector. Once the comparable goods have been so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istant Collector should be able to find out if there was material difference in the quality or the composition of the sand and he should therefore after ascertaining the respective qualities pass a reasoned order for rejecting or modifying the price claimed by the appellants. 7. The appeal is therefore allowed by way of remand back to the Assistant Collector to decide the case afresh in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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