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2014 (3) TMI 666 - AT - Central ExciseValuation of goods - Revenue contends that appellant should have gone by the residual rule in the said Rules and adopted the valuation principle under Rule 8 of the Central Excise Valuation Rules prevailing prior to 2007 and after 2007 - Held that:- consumption is by any other person other than the main supplier of material, it cannot be considered as a case of captive consumption. The job worker has no means of realizing the profit, if any, in the further use of the manufactured product in manufacturing other products. Therefore, the entire argument that Rule 8 is applicable to the situation has no prima facie basis except that the person supplying raw material is using the finished goods in his factory for further manufacture. Since the matter is already considered by the Tribunal in the decisions CCE, Ahmedabad v. Palco Metals Ltd. [2011 (4) TMI 460 - CESTAT, AHMEDABAD] and Indian Extrusions v. CCE, Mumbai [2012 (5) TMI 271 - CESTAT, MUMBAI], we adopt the principle laid down in those decisions. Consequently, we consider the offer made by the counsel is reasonable for admission of appeal - Conditional stay granted.
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