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2018 (11) TMI 291 - AT - Central ExciseValuation - molasses used captively for further production of various spirits - final product was not leviable to duty of excise being a State Subject - Held that:- The appellant is unable, even at this stage to show that the molasses were being sold on the lower side in the market by other manufacturers - whereas ₹ 150/- per quintal price covers the period relevant for the purposes of the present appeal, the value shown as ₹ 75/- per quintal is for the subsequent period. He has also not been able to show that the said price of ₹ 220/- per quintal adopted by the Revenue is incorrect. Inasmuch as there is no evidence on record to show that the two prices adopted by Commissioner (Appeals) i.e. 150 & 220 is not the correct value, the adoption of the average of the said two prices by Commissioner (Appeals) is just and proper and no infirmity can be found - appeal dismissed - decided against appellant.
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