TMI Blog2014 (3) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 19-2-2002, the traders profit is not includible in the assessable value. The departmental officers are bound by board circular. Therefore, the demand of Rs. 0.94 for addition of traders profit is not sustainable. If at all the demand of transportation, loading/unloading charges and manufacturing expenses are to be taken into account to arrive assessable value, the respondent has already incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents were engaged in the manufacture of processed woven fabrics of Cotton, man-made filament, man-made staple fibre and terry fabrics on job work basis. The respondents are clearing the goods following the procedure laid down by the Apex Court in the case of Ujagar Prints v. Union of India [1988 (38) E.L.T. 535 (S.C.)] i.e. cost of raw material + job charges. Abundant quation, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt amount of penalty. The said adjudication order was challenged for addition in the assessable value, which was considered by the Commissioner (Appeals) and the same was set aside holding that the manufacturer profit is not includible in the assessable value, as per C.B.E. C. Circular No. 619/10/2002-CX., dated 19-2-2002. Against the said order Revenue is in appeal. 3. Shri V.K. Agarwal the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty, therefore the demands are not sustainable. He further submitted that the show-cause notice is also barred by limitation as same has been issued by invoking the extended period of limitation, as in the facts and circumstances of the case, the extended period in not invocable in this case. 5. Heard both sides. 6. On careful consideration of the submissions made by the rival side, we find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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