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TMI Blog2008 (2) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... 5L(b) of the Central Excise Act, 1944 (for short, 'the Act') against the Final Order No.90/2002-A dated 27th February 2002 in Appeal No.E/881/2001-A passed by the Customs, Excise & Gold (Control) Appellate Tribunal wherein and whereunder the Tribunal has reversed the order-in-original of the Commissioner dated 02nd February 2001 and deciding the issue regarding determination of assessable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise Duty (AED), if the same was manufactured out of duty paid yarn. 4. According to the Revenue the grey textured yarn is used captively in the manufacture of dyed yarn and the assessee had undervalued the price of the grey textured yarn by deducting certain amount claimed to be the dyeing charges from the price of the textured dyed yarn in order to evade payment of duty. 5. Hence, A spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 6. The adjudicating authority, by the order in original dated 02nd February 2001 confirmed the demand. Aggrieved against the said order, the respondent filed an appeal before the Tribunal which was accepted by the impugned order. 7. The Tribunal, by the impugned order, has held that the assessee was selling a considerable portion of the product in question to independent purchasers at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factory gate, the price of the goods consumed captively had to be based on the sale price of the goods to unrelated buyers at the factory gate. 9. The question in the present case is whether the assessee had undervalued the textured yarn consumed captively in the manufacture of dyed yarn. 10. The assessable value of the captively consumed grey yarn would be on the basis of the price ..... X X X X Extracts X X X X X X X X Extracts X X X X
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