9911796707
TMI Blog1998 (1) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... filed these appeals. 2. The dispute in these appeals relates to the correct assessable value of Copper and Aluminium coils prepared by the Punjab State Electricity Board for use by the Board in transformers. The assessee was filing price lists from time to time under Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975 showing assessable value as sum total cost of raw materials and manufacturing cost. In showing the cost of raw materials, the element of Central Excise duty thereon of which Modvat credit was being availed, was being deducted from the cost. Margin of profit was not being added on the ground that the Coils were not being marketed and cannot be marketed. 3. The proceedings in Appeal E/2278/91-A arose on price lists N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eparing Coils is not a simple one which can be attended to by a layman. It requires technical expertise and Coils are used in old transformer bodies or in new bodies. A mere wire cannot be used in the circuit in a transformer. Coils are major part of transformer, though available and sold in the market and are known as transformer Coils and they are quite distinct and different from wire. Coils are of various voltage ranges. Since they are distinctly known to the trade, they are the result of process of manufacture and are excisable goods. This in brief is the contention of the Department. 8. The Department seeks to rely on two decisions of the Tribunal. One is the decision in General Industrial Corporation - 1995 (77) E.L.T. 210 (Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , distinctly identifiable commodities and Coil is not marketable. Though the earlier decision was challenged before the Supreme Court, the appeal was dismissed on the ground of limitation without examining the merits. In these circumstances, we are bound to follow the view taken by the Tribunal with reference to Aluminium Copper Coils used in transformers and to hold that the product in question is not an excisable product and, therefore, not dutiable. 10. That any duty paid on inputs is not required to be added to the assessable value of a product under Rule 6 of the Valuation Rules has been held by a larger Bench of the Tribunal in Dai Ichi Karkaria Ltd. - 1996 (81) E.L.T. 676 (Tribunal). On the question of margin of profit what the Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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