9911796707
TMI Blog2014 (1) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... ne appeared on behalf of the respondents in spite of notice. 2. Revenue filed this appeal against the impugned order whereby Commissioner (Appeals) set aside the assessment order passed in respect of aluminium dross imported by the respondents. The respondent made import of aluminium dross and declared the value for assessment as US Dollar 420 per M.T. The value declared by the respondents i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of valuation of copper dross and copper residues, the deductions in respect of processing were also allowed from the L.M.E. price before arriving at assessable value. Hence the impugned order is not sustainable. 4. We find that the issue whether the aluminium dross is liable to central excise duty or not is now settled by Hon'ble Supreme Court in the case of CCE v. Indian Aluminium ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period. The Commissioner (Appeals) also noted the fact that there was no reason given by the Adjudicating Authority for enhancement of the value. Further we find that the cost for extracting aluminium from dross cannot be equated with the cost of copper from copper dross and that circular cannot be blindly applied. In these circumstances we find no reason to reject the transaction value as declare ..... X X X X Extracts X X X X X X X X Extracts X X X X
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