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2010 (3) TMI 616 - CESTAT, MUMBAIValuation – Captive Consumption - The dispute relates to valuation of the goods in question, which was captively consumed by the appellant. Identical goods sold to research institute in bulk quantities. No retail sale. Price of Rs. 125/- per Kg. upheld by Tribunal vide its earlier order, against which no appeal filed. No evidence of filing of subsequent price list and no change in law regarding valuation. Held that – aforesaid price to be adopted upto 31.03.1994 from 1.4.1994 with amendment of Rule 173C of erstwhile Central Excise Rule, 1994 no requirement to file price list in respect of goods sold to research institute, though required to file price list in respect of goods sold to research institute, though required to file price list regarding captively cconsumed goods. Therefore, from 1.4.1994 appellant entitled to pay duty on assessable value based on cost construction method.
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