2002 (2) TMI 763

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... per : Gowri Shankar, Member (T)]. The appellant, a sugar factory, filed a price list effective from 16-3-1994, in which it declared the assessable value of the molasses manufactured by it to be captively consumed by it at Rs. 1,200/- per ton. The notice issued to it proposed to enhance the value to Rs. 2,100/- per ton on the ground that the value of comparable goods i.e. molasses of same c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cable to captive consumption also. (b) When no transactions have taken place at the factory of assessment prices of molasses as declared by M/s. Western Maharashtra Development Corpn. (W.M.D.C.) a Govt. of Maharashtra undertaking Chitali may be accepted as value of molasses on any particular day for the purpose of assessment of C. Ex. duty when used for captive consumption. (c) In case there i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is an incomplete order, neither approving nor disapproving the price that the manufacturer claimed. An appeal against this order in fact therefore could not have been entertained by the Commissioner (Appeals). Accordingly, therefore, we set aside the order and remand the matter to the Assistant Collector for determining in accordance with law, the assessable value. - - TaxTMI - TMITax - Centr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X