9911796707
TMI Blog1998 (10) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... Nair, Member (T)]. This appeal of M/s. Gabriel India Ltd. relates to assessment to duty of Copper Powder manufactured and captively consumed by the appellant. The powder is a mixture of copper, lead and tin. The powder is made from ingots of those metals and the share of copper is between 73% and 80%. The impugned order held that the product is to be classified as copper powder under Tarif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had submitted that their unit was all along incurring losses and there was no justification in such a situation to make any addition towards profit. He submits that Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975 provides for addition of profit if any . It is clear from the plane reading of the rule itself that profits are to be added only if any profit is there and not in a situation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the addition of notional profit is warranted while fixing the assessable value of captively consumed goods. 3. We have perused the records of the case and have considered the submissions made by both the sides. With regard to the submissions on whether the powder is to be treated as copper, we find that Explanation I deals with how alloys are to be classified. Since the distinction between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. The submission of the appellant against addition of notional profit is, therefore, required to be reconsidered by the adjudicating authority after going into the relevant data regarding profits, to be submitted by the appellant. Accordingly, the appellant succeeds on this ground of valuation. The case is re- manded for reconsideration on the question of valuation. Ordered accordingly. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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