2015 (6) TMI 654

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..... But, in accordance with the proviso to Rule 6(b)(i), while determining the assessable value in respect of captively consumed goods, the proper officer has to make reasonable adjustments taking into consideration all relevant factors. To our mind, the relevant factors to be considered would be factors such as quantity of sales, transportation, packing etc. Therefore, it is necessary that the adjud .....

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..... tly consumed captively for the manufacture of fertilizers (which are exempted) and other chemicals. The point for consideration is the determination of value of ammonia used for the manufacture of other chemicals. The adjudicating authority did not consider Rule 6(b)(i) as relevant to determine the value of the ammonia so used captively. He determined the price based on the price at which ammonia .....

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..... n Ltd. vs. Collector 1984 (15) ELT 201 (Trib.). In appeal proceedings the Commissioner (Appeals) did not consider the judgment of the Tribunal in the case of National Rayon Corporation Ltd. (supra), which has a direct bearing on the facts of the present case. Instead he referred to various judgments which do not have a direct bearing to the facts of the present case. As shown by the learned counse .....

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..... nder rule 4 or rule 5, and - (a) .. (b) where the excisable goods are not sold by the assessee but are used or consumed by him or on his behalf in the production or manufacture of other articles, the value shall be based - (i) on the value of the comparable goods produced or manufactured by the assessee or by any other assessee : Provided that in determining the value under this sub .....

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..... the adjudicating authority consider all relevant factors for arriving at the value of captively consumed goods. With these directions we remand the matter to the adjudicating authority. All issues are kept open. 5. As the matter is 40 years old it would be in the interest of justice, both for the Revenue as well as for the appellant, that the matter is decided within three months from the date .....

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