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TMI Blog2018 (3) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... rices - matter remanded back to the adjudicating authority to verify the facts once again and to pass a reasoned order by valuing the goods in terms of Rule 6 (b) (i) of Valuation Rules and to make such adjustments as appear to be reasonable - appeal allowed by way of remand. - E/1425/07 - A/85180/2018 - Dated:- 31-1-2018 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri S.S. Gupta, C.A. - for Appellant Shri S.V. Nair, Asstt. Commr. (A.R) - for Respondent ORDER Per: Ramesh Nair The issue involved in the present appeal is valuation of intermediate product viz. Proteolysed Liver Extract and Pharma Reptone manufactured by the Appellant and captively consumed in the manufacture of final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of costs that could be excluded from the cost of production or after getting the cost ascertained from a Cost Accountant. On appeal the Tribunal vide order dt. 16.09.2004 modified the same as an open remand with liberty to both the parties to raise issue before the adjudicating authority. The lower authority has failed to follow the direction and adjudicated the matter on the ground that in subsequent matter the Commissioner (Appeals) has decided the matter in favour of Appellants. The lower authority is bound to carry out the remand order and pass order in strict compliance with such order. He thus set aside the adjudication order and allowed the appeal filed by the department. Hence the present appeal by the Appellant. 2. Shri S.S. Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in show cause notice is that the price of comparable goods should be of similar reputation, production capacity and turnover. We find that the same goods are being purchased by the Appellant from five different manufacturers. The Appellant for the purpose of valuation of such captively consumed goods has made the invoices of all such manufactures as basis, we do not find any reason not to accept such prices of other manufacturer as comparable goods prices. However we deem it appropriate to remand back the matter to the adjudicating authority to verify the facts once again and to pass a reasoned order by valuing the goods in terms of Rule 6 (b) (i) of Valuation Rules and to make such adjustments as appear to be reasonable. Needless to say th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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