2010 (8) TMI 897

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rmination in the present appeal is as to whether when the goods are manufactured on job work basis, how the assessable value should be determined. The assessee adopted the value of comparable goods whereas the department contended that the cost construction method should have been followed. In the impugned order, the Commissioner has allowed the appeal and hence the department is in appeal. 2. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he basis of cost construction method or on the basis of comparable goods. Further, he has also relied upon the decision of Hon ble Supreme Court in support of his observations that the Board s circular is binding on the officers. Above all, he has also observed that the adjudicating authority had not taken cognizance of the fact that the appellant had produced order of the Commissioner (Appeals) i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sessee for RIL only and by adopting sale price of RIL, we do not think there could have been any under-valuation. Further, the observations of original adjudicating authority as regards price shown in the price list of RIL and the price shown in the classification also show that except for the manufacture of November 1995, in which there was an abnormal price indicated, throughout the remaining pe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X