9911796707
TMI Blog2014 (12) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the determination of value of the processed fabrics was incorrect for the period from June 1991 to December, 1995, in as much as the quantity of grey fabrics after being processed, resulted into shrinkage, ranging from 4 to 5% loss. However, while clearing the processed fabrics, the applicant had taken the cost of grey fabrics per square meter at the time of its clearance but not the cost of grey fabrics that were received. For example, if 100 square meter of grey fabrics were received, due to shrinkage, it became 95% after processing and while calculating the value, the respondent had considered the cost of grey fabrics equivalent to 95 meters. Demand was confirmed by the Commr. of Central Excise. Aggrieved, the appellant filed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ics plus processing charges realized. Further, adjudication of any amount might not be relevant in the present case. Thus the abatement on account of traders profit included in the case of grey fabrics amounting to Rs. 27,81,235/- and Rs. 19,31,661/- for the period from June, 1991 to February, 1994 and March 1994 to December, 1995 is not in conformity with the order of this Tribunal dated-3/5/2002. Further, the Revenue contended that the adjudicating authority has failed to consider the specific duty applicable at the rate of Rs. 0.50 per square meter during the period from June, 1991 to February, 1994 and no discussion was recorded in the impugned order. 4. Ld. Sr. Advocate for the respondent argued that the Adjudicating authority has co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that this Tribunal has remanded the case to the adjudicating authority for re-determination of the assessable value and in the observation of the third member, on reference at para 22 as under: Therefore, I agree with the view taken by the Member (Technical) that what is relevant for the purpose of duty is the intrinsic value of grey cloth plus the value of job work and manufacturing profits, expenses etc. The assesse will be entitled to abatement on the profit element, if any, of the raw material supplier included in the assessable value. 6. It is clear from the said observation that for the purpose of determination of duty, it is the intrinsic value of the grey cloth and the value of job work and manufacturing profit, expenses etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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