TMI Blog2001 (8) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : K.K. Usha, President]. These appeals arise out of Order-in-Appeal Nos. 968-970(KDT)CE/JPR-II/2000, dated 15-9-2000 passed by the Commissioner (Appeals) Customs and Central Excise, Jaipur. By an order dated 26-8-1992 passed by the Additional Commissioner, a demand of Rs. 3,89,165.33 had been made against M/s. Banswara Textiles Ltd. and a penalty of Rs. 50,000, Rs. 1,00,000 and Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merchant manufacturers. M/s. Banswara Syntex, a manufacturer of yarn was getting grey fabrics processed from M/s. Banswara Textiles. M/s. Shaloo Textiles had been purchasing yarn from Banswara Syntex. Yarn was then sent to Banswara Fabrics for weaving into fabrics. The said fabrics were sent to Banswara Textiles for processing and sent back to Banswara Syntex. The goods were sent back in the acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on the decision of the Supreme Court in Ujagar Prints v. Unions of India Ors. - 1989 (39) E.L.T. 493 (S.C.). In the above case it has been held that assessable value of the processed fabrics would be the value of the grey cloth in the hands of the processor plus the value of the job work done plus manufacturing profit and manufacturing expenses whatever these may be, which will either be inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready come. If that be so, there is no justification on the part of the authorities to demand duty on the basis of sale price of either Shaloo Textiles Ltd. or Banswara Syntex Ltd. Whether Shaloo Textiles is a dummy or whether the sale transactions between Shaloo Textiles and Banswara Syntex are bona fide or not are irrelevant for computing the assessable value of the processed fabric. We are ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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