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2013 (1) TMI 662 - CESTAT, MUMBAICaptive Consumption – Is it compulsory to add the profit margin, to arrive at the assessable value of captively consumed goods – Assessee is the manufacturer of cigrates – Filed a price declaration of captively consumed goods – But did not include any profit margin while arriving at the value of the captively consumed goods – Show cause notices were issued demanding differential duty - Held that:- company has been making losses consistently since 1995-96 onwards up to 1999-2000 and the period of demand involved in the case is from April, 1997 to March, 1998. Therefore, it is not a case of the company making a loss for a given year and making profits in other years. As decided in the case of CCE, Aurangabad v. Raymonds Ltd. [2006 (10) TMI 7 SUPREME COURT OF INDIA] - Wherein it was held that profit margin has to be added taking into account the actual profits made in a given year. – Granted complete waiver of the pre-deposit of the dues adjudged and stay recovery thereof during the pendency of the appeal – In favour of assessee.
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