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TMI Blog2003 (8) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... ampings and laminations is not sufficient to meet the full requirement for captive consumption, they purchase stampings and laminations from other manufacturers like M/s. G.K.W. Ltd., M/s. Devi Dayal Stainless Steel Industries. M/s. Prabha Engineering etc. Stampings and laminations were liable to central excise duty on ad valorem basis. Appellant sought department s approval for valuation of captively consumed stampings and laminations based on their cost of production under Rule 6(b)(ii) of Central Excise Valuation Rules, 1975. Subsequently, show cause notices were issued proposing to reassess the stampings and laminations on the basis of the value of stampings and laminations procured from other manufacturers. The differential duty demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n all the relevant factors and, in particular, the difference, if any, in the material characteristic of the goods to be assessed and of the comparable goods . It is the appellant s grievance that the entire goods in question have been reassessed at the highest price of purchase from M/s. G.K.W. Ltd. (Rs. 38.50 per kg.) while this price was for heavy stampings specially required for tailor made motors for heavy industries. This highest price of G.K.W. Ltd. has been applied to all 47 varieties of stampings and laminations of different ratings, while out of 47 ratings, 19 ratings were not manufactured by G.K.W. or any other manufacturer. They also have submitted that instead of carrying out the proceedings as ordered by the CEGAT after disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt materials. The appellants have also submitted that the belated demand is not at all justified inasmuch as the appellants were eligible for Modvat Credit/Proforma credit in respect of duty paid on the stampings and laminations used captively and, in case, any higher duty was paid on these inputs, the entire amount would be available as credit to the appellant. 3. We have perused the records and have considered the submissions made by both sides. The objections raised by the appellant on the method of valuation are very serious and go to the very root of the matter. In the remand order, the Tribunal had specifically directed the adjudicating authority that materials relied upon should be disclosed to the appellants and the case heard aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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