2003 (4) TMI 458

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..... for the Appellant. Shri Kumar Santhosh, SDR, for the Respondent. [Order per : Justice K.K. Usha, President]. - These appeals were once heard and disposed of by this Tribunal under Final Order Nos. 1348-50/98-A, dated 5-10-1998, [1999 (113) E.L.T. 1002 (T)]. The impugned orders were upheld and the appeals were dismissed. The assessee took up the matter before the Supreme Court contending that t .....

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..... E.L.T. 503 (S.C.). It has been held there that since the price is ascertainable by way of the direct sale, the question of application of Section 4(1)(b) would not arise. The valuation of the goods captively consumed has to be based on the market price of the goods directly sold. In view of the ratio of the decision of the Supreme Court as above, we find no reason to interfere with the order impug .....

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