9911796707
TMI Blog1998 (8) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... Member (J)]. The short point involved in the instant appeal is as to how the assessable value of the goods consumed captively has to be arrived at in terms of provisions of Rule 6(b)(ii) of the Central Excise Valuation Rules. 2. Shri G.K. Mundhara, ld. Consultant appearing for the appellants submitted that originally the dispute before the authorities below was as to whether the profit ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner (Appeals), but argues that in stead of adding the `gross profit of the Company, the authorities should have added the `net profit. In this connection he places reliance on the Board s Order No. 24/14/93, dated 31-12-1993 issued under Section 37B of the Act. And submits that in stead of adding the gross profit, the department should have added `profit before tax which is arrived at af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In that case the appeal was remanded to the lower authorities with observation we feel that ends of justice required that Assistant Collector should re-examine the matter and re-compute the margin of profit on the metal containers manufactured by the appellants without linking to the end product on the basis of the margin of profit calculated by the Chartered Accountant acceptable to the revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this issue was not before the authorities below and as such has not been discussed by them. Therefore we set aside the impugned order and remand the matter to the original adjudicating authority for de novo decisions on this limited issue as to whether the `gross profit or the `net profit of the Company is required to be added in the assessable value in the light of the Board s Circular and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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