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TMI Blog2011 (2) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... be cost at the place where the product is manufactured and captively consumed, judgement of apex court squarely covers the issue in favour of the assessee - appeal filed by the Revenue is devoid of merits and is rejected, Cross Objection stands disposed of. - E/3906/03, E/CO - 39/04 - Mum - Final Order Nos. A/138-139/2011-WZB/C-II/EB - Dated:- 23-2-2011 - Shri. M.V. Ravindran, Shri. P.R. Chandrasekharan, JJ. Appearance Shri S.S. Katiyar, SDR, for appellant Shri R.G. Sheth, Advocate, For Respondent Per : M.V. Ravindran This appeal is filed by the Revenue against the order-in-appeal No. RJB/M-III/407/2003 dated 17.09.2003. 2. The relevant facts that arise for consideration are the respondent herein are manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has also filed a Cross Objection. 3. At the outset we would dispose of the Cross Objection filed by the assessee. It is seen from the records that the Cross Objection filed by the assessee is only in support of the impugned order inasmuch as they are not aggrieved by any part of the order of the learned Commissioner (Appeals). Hence the Cross Objection is disposed of as infructuous. 4.The learned SDR would submit that the impugned order is not correct for the following reasons:- "The Board Circular No. 692/08/2003-CX dated 13.2.2003 has clarified that the cost of production of captively goods will henceforth be done strictly in accordance with CAS-4. From the wordings of the said Circular it is quite clear that the cost of produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for arriving at the cost of captively consumed goods." 5. The learned Counsel appearing on behalf of the respondent relied on the judgement of the Hon'ble Supreme Court in the case of CCE Pune vs. Cadbury India Ltd. - 2006 (200) ELT 353 (S.C.). 6. We have considered the submissions made at length by both the sides and perused the records. 7. It is undisputed that the period involved in this case is post 2000 wherein new Central Excise (Valuation) Rules were in force. As per the said rules, valuation of the captively consumed products should be done according to provisions of Rule 8 of the said Rules. The Rule 8 discusses about cost of production plus enhancement of the same by 15%. In the case in hand, it is undisputed that the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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