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TMI Blog2008 (1) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ely used, the profit margin of final product can’t be adopted as such - Even if same is adopted, as a base, adjustment will have to be made to arrive at the notional profit margin - profit margin adopted by assessee is reasonable - E/323/2005 - A/161/2008-WZB/AHD - Dated:- 28-1-2008 - Ms. Archana Wadhwa, Member (J) and Shri M. Veeraiyan, Member (T) [Order per: M. Veeraiyan, Member (T)]. - 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otices were issued is that the appellant company has adopted lower percentage of profit margin in determining the value for such captively used capital goods. The percentage of profit adopted by the appellant ranged from 12.27% to 37.75% whereas the profit margin proposed by the Department ranged from 22.4% to 79.09%. On the basis of the show cause notices, the Commissioner has re-confirmed the du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the final product, the notional profit margin of the interim product was accepted as 12.95% as against the proposed profit 17.7% which was based on the gross profit of the final product. He also relies on the decision of the Mumbai Bench of the Tribunal in the case of their own company wherein in respect of the interim product captively used accepted the notional profit @ 10% as against 24.35 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 (198) E.LT. 61 (Tri-Bang.) (8) ITC Ltd. v. CCE, Chennai - 2005 (190) E.L.T. 119 (Tri-Chennai). 5. The learned Jt. CDR reiterates the findings of the Commissioner. 6. We have carefully considered the submissions. At the outset, we note that the goods whose valuation is the subject matter of the dispute is not at all sold by the appellant company. Therefore, there is no sale pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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