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TMI Blog2011 (7) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... e yarn stand correctly adopted by them, inasmuch as the appellant s factory was incurring losses, no notional profit is required to be added to enhance the assessable value. On appeal against above order filed by the Revenue, the Commissioner(Appeals) took into consideration the profit earned by the company in respect of their all units and added notional profit to the extent of 10% and accordingly confirmed the demand of duty of Rs.77,72,869/- (Rupees Seventy Seven Lakhs, Seventy Two Thousands, Eight Hundreds and Sixty Nine Only). The said order of Commissioner(Appeals) is impugned before us. Ld.Advocate appearing for the appellants submit that it is now well settled law that the profit and losses of a particular unit is to be taken into c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, we reproduce Para 3 of the said judgment. 3. We note that the lower appellate authority has relied upon the Larger Bench decision of this Tribunal in the case of Raymonds Ltd. v. Commissioner of Central Excise, Aurangabad, 2001 (129) E.L.T. 327 (T-LB) and Crompton Greaves Ltd. v. Commissioner of Central Excise, Chandigarh, 2002 (139) E.L.T. 101 (T), to hold that profit earned by the chemical division cannot be included in determination of the cost of the captively consumed yarn and that the textile division had incurred loss and not made any profit, and that the value was determined correctly by the assessee for payment of duty on captively consumed salary and there is no question of any further duty liability. However, we fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the cost of production and in case the assessee fails to satisfy the adjudicating authority that the notional profit should be less than 2.43%, it is open to the Revenue to add 2.43% to the cost of production to arrive at the assessable value of the goods. 3. Inasmuch as the order of Commissioner(Appeals) has taken into account the profit and losses of the assessee as a whole and not that of textile division, we find that the said order is not sustainable. Further, in view of declaration of law by the Tribunal in the case of said appellant s sister concern, the matter needs to be remanded to find out exact notional profit. We set aside the impugned order and remand the matter to original adjudicating authority for fresh decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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