2012 (9) TMI 673

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..... ely used by sister unit in manufacturing of final product is only CAS-4, therefore, the circular is clarificatory in nature – against revenue - E/1247-1248/2004-Mum - A/740-741/2011-WZB/C-II(EB) - Dated:- 2-8-2011 - S/Shri Ashok Jindal, Sahab Singh, JJ. REPRESENTED BY : Shri Y.K. Agarwal, SDR, for the Appellant. Shri Prakash Shah, Advocate, for the Respondent. [Order per : Ashok Ji .....

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..... . In fact, in this case the period is April 2000 to September 2002, which is prior to issuance of the above said Circular. Therefore, the respondents are not entitled for the benefit of the above said Notification. Hence, the impugned orders are to be set aside. 3. On the other hand, Shri Prakash Shah the learned Advocate for the respondent strongly supported the impugned order by relying on the .....

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..... y use of their sister unit in the manufacturing of final product. In Board Circular No. 692/08/2003-CX dated 13-2-2003 it has been clarified that assessable value shall be arrived at by following CAS-4. The only dispute is that whether this Board Circular is having retrospective effect or not. As held by the Apex Court in the case of Cadbury India Ltd. (supra) that the Board Circular is having ret .....

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