TMI Blog2006 (9) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- 12-9-2006 - [Order]. - Revenue is in appeal against Final Order Nos. 554 and 555 of 2005 dated 30th March, 2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Chennai [for short "the Tribunal"] in Appeal Nos. E/358/99 and E/149/2001. 2.Before the Tribunal three points were argued, namely, (i) classification; (ii) applicability of the principles laid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n issue. 4.Insofar as the applicability of principles laid down in CAS-4 is concerned, the Senior Departmental Representative appearing before the Tribunal had conceded that the principles laid down in CAS-4 while determining the value of the captively consumed goods are applicable and accordingly prayed that the matter be remitted back to the original authority with a direction that costing pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he notional profit proposed to be added at 10% of the cost of product. The figure of 10% has been arrived at on the basis of notices issued to the assessee by the department regarding its Monger unit in which it was proposed to add 10% as the cost of product to be the notional profit. 6.Admittedly, against the order passed by the Tribunal in ITC Limited case (supra), no appeal has been preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e express provisions of law and that such a concession could not be made. This point has not been taken by the appellants in their appeal. In the absence of any challenge to this effect in the appeal, we decline the permission to the counsel for the appellant to raise this point before us for the first time Concession made on behalf of the revenue before the Tribunal cannot be allowed to be retrac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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