9911796707
TMI Blog1995 (3) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ds captively consumed in the factory of the appellants. The appellants are manufacturers of Graphite Electrodes Anodes, all sorts. The appellants produced Head Blocks for the purpose of appellants furnaces and these are not Graphite Electrodes Anodes all sorts. The subject of valuation of these Head Blocks were classified under Tariff Item 67 and in determining the assessable value of the product it was added 50% of 15% of profit linked with the finished product i.e. Graphite Electrodes cleared by the appellants. He contended that the Block Head is not Graphite Electrodes and Anodes and they are used for some special purpose in captive consumption but have sold and hence it is neither subjected to ..... notional profit can be added lin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department as per final Order No. M-185/92-D E/350/93-D (Appeal No. E/2724/85-D) against which the appellants have filed an appeal before the Supreme Court and the matter is pending on the issue of dutiablility. He contended that since the dispute in this case coverd by the earlier decision of the Tribunal wherein it was held that the goods are not marketable the question of adding profit does not arise in determining the value. Apart from this matter he contended that margin of profit on Head Blocks captively consumed not to be linked with any product like Graphite for the purpose of determining the value under Section 4 of the Central Excises Salt Act, read with Rule 6(b)(2) of the Valuation Rules, relying upon the ratio of the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it element is not linked with the finished product but it was determined proportionately by adding some percentage of profit to the cost price. 4. We have considered the submissions made by both sides. Concurring with the arguments advanced by the learned SDR that the issue with reference to marketability had already been decided by the Tribunal as per the latest decision in the very appellants case and when once it was decided that HeadBlocks are marketable, the period is not the criteria to decide whether it was marketable or not and accordingly the only question has to be decided whether the department was right in adding 7-1/2% profit to the cost price in determining the value. In the facts and circumstances of the case, we do not fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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