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TMI Blog2014 (8) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... h provided the 110% of the cost of manufacture. The appellants stand is that in as much as they are also selling the yarn to the other independent buyers, and there is no dispute about the value adopted for payment of duty in such cases, the same assessable value should be adopted for the purpose of captively consumed yarn. - provisions of Rule 8 of Central Excise (Valuation) Rules, 2000 would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also in the manufacture of Narrow Woven Fabric. A part of the Poly Propylene Multi Filament Yarn was being sold by them to independent wholesale buyers and a substantial quantity of the same was being used captively for further manufacture of Narrow Woven Fabrics. 2. Till April 1999 the Narrow Woven Fabrics were being cleared by the appellant on payment of duty by adopting the classification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Propylene Multi Filament Yarn, consumed captively in the manufacture of Narrow Woven Fabrics. Revenue entertained a view that the said yarn should be assessed to duty in terms of provisions of Rule 8 of the Central Excise (Valuation) Rules, which provided the 110% of the cost of manufacture. The appellants stand is that in as much as they are also selling the yarn to the other independent buyers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods are also being sold to independent buyers, the value at which the same are being sold has to be adopted as the assessable value for payment of duty on the captively consumed items. 7. By following the above decision, we set aside the impugned order and allow the appeal with consequential relief to the appellant. (Dictated and pronounced in open court) - - TaxTMI - TMITax - Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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