9911796707
TMI Blog2002 (2) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants are manufacturers of grey yarn. They sell part of the grey yarn manufactured by them and captively consume the remaining in the manufacture of dyed yarn. 2. The impugned order has demanded short levied duty in respect of grey yarn captively consumed for the period 1995-1998. The ground for the demand is that the assessable value of the captively consumed yarn should have been fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arily sold by the assessee to a buyer in the course of wholesale trade. They point out that in the present case, since part of the goods produced were being sold to independent wholesale buyers, those prices alone can constitute the assessable value for all the goods produced and since original payment of duty for all the goods manufactured by the appellants, including, the captively consumed port ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ased on cost of production is to be resorted to for determining the assessable value only if comparable price is not available. He pointed out that in the present case since the goods were being sold to independent wholesale buyers, this comparable price should constitute the assessable value and not cost of production. He has relied on the decisions of this Tribunal reported in 1996 (82) E.L.T. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rations also. We have heard the ld. SDR for the Revenue also. 3. The perusal of the records of the case establishes that the appellant was selling a considerable portion of their produce to independent purchasers. Those goods were assessed treating the sale prices as normal prices and duty assessed. Those assessments have not been doubted in the present proceedings also. Thus, for the grey ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee himself or by any other assessee. Sub-rule (ii) of Rule 6 states that "if the value cannot be determined under sub-rule (i)" the same may be determined based on cost of production. In the present case, even if the assessable value was fixed based on the price of the comparable goods (sale to price to dealers) the duty payable would have been the same as the duty originally paid. 4. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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