2005 (12) TMI 377

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..... wani, Authorized Representative, for the Respondent. [Order per : Krishna Kumar, Member (J)] - Heard both sides. 2. The ld. SDR inter alia submitted that the issue relates to inclusion of cost of electric consumption, labour charges, transport charges and water charges in the assessable value; that the appellant has not included these charges in the assessable value on the ground that he .....

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..... e of balance sheet and cost data i.e. price zone in the balance sheet is more than price of cost data of respective orders and the information given in cost certificate and price as per balance sheet is not tallied. Therefore, the contention of the ld. SDR is that for the purpose of assessable value the price as per Section 4(1)(b) of the Central Excise Act 1944 should have been taken. 3. Th .....

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..... is not supported by evidence of any flow back or atleast market inquiries; that the goods are actually sold at higher prices than declared one; no such evidence had been adduced by the department to substantiate undervaluation so as to resort to costings; that the department has not proved their basis of costings; that the costing furnished by the respondents being based on audited balance sheet, .....

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