TMI Blog2016 (4) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... ore there is no reason forwarded for adopting “110 -115% of the highest market price” as assessable value. Under these circumstances, the impugned order is set aside being non-speaking and passed without following principles of natural justice and the matter is remanded to the original authority for denovo adjudication after giving a copy of the report of the AD (cost) to the appellant. - APPEAL No. E/3306/05 - A/85829/16/EB - Dated:- 17-2-2016 - MR. S.S.GARG, MEMBER (JUDICIAL) AND MR. RAJU, MEMBER (TECHNICAL) For the Petitioner : None For the Respondent : Shri.VK Agarwal, Addl. Comm. ORDER PER: RAJU 1. The appellants are manufacturers of ferrous and non-ferrous castings. The appellant cleared runners and riser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acement value of the same was also indicated by AD (cost), based on the information available with them. I do not see anything wrong in this and this cannot be considered that the Dy. Commissioner has not taken decision independently. In the facts and circumstances of the case, relying on the report of AD (cost) is necessary and proper. AD (Cost) is a professionally qualified and competent authority to arrive at the cost of the goods. Since the assessable value was to be worked out based on the cost of the goods, his report can be accepted as the most reliable on the subject. A decision taken on the basis of the advice and recommendations of a professionally qualified and competent authority is fully justified, proper and legal. As a matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y had provided purchase order for purchase of 6000 Kgs of stainless steel scrap of SS 304 at price of ₹ 58/- per Kg. Similar material is they claimed by sold by SS Scrap Grade 304 at a price of ₹ 43/- per Kg. on 04/09/2003. 3. The learned AR relies on the impugned order and the order-in-original. 4. We have considered the rival submission. It is seen that the revenue had asked for data from the appellants for arriving at cost of production data. However, no such data was received by the revenue. It seems the period for finalisation of provisional assessment was extended a few times awaiting the data. It is an admitted fact that the copy of enquiry report submitted by AD (cost) was not given to the appellant. It appears tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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