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TMI Blog2018 (11) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... n the lower side in the market by other manufacturers - whereas ₹ 150/- per quintal price covers the period relevant for the purposes of the present appeal, the value shown as ₹ 75/- per quintal is for the subsequent period. He has also not been able to show that the said price of ₹ 220/- per quintal adopted by the Revenue is incorrect. Inasmuch as there is no evidence on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spirits. Inasmuch as the final product was not leviable to duty of excise being a State Subject, the appellant was required to pay duty on the molasses so emerged in their factory and used captively. The dispute in the present appeal relates to the valuation of the said molasses for payment of duty of excise. 2. During the period relevant for the purposes of the present appeal i.e. August 1994 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. and observed that during the relevant period the same was ranging from ₹ 150/- per quintal to ₹ 222/- per quintal and as such he adopted the average price and held that the proper assessable value would be ₹ 185/- per quintal. 4. The said order of Commissioner (Appeals) was further challenged by the appellant before Tribunal. While disposing of their appeal vide Final Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant could not produce the said documents or any evidences showing the prices of free sale molasses by any other manufacturer of sugar and molasses, he upheld the confirmation at ₹ 185/- per quintal. 6. We note that the appellant is unable, even at this stage to show that the molasses were being sold on the lower side in the market by other manufacturers. Learned advocate has dra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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