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2017 (7) TMI 485 - CESTAT CHENNAI

2017 (7) TMI 485 - CESTAT CHENNAI - TMI - Valuation - includibility - conversion cost upto the stage of spinning and cone-winding - Held that: - all costs only upto the spindle stage when excisable product comes into existence should be included in the assessable value and the costs of processes after that stage like winding, warping, weaving, sizing etc., should not be included - there is no merit in the grounds raised by the department. The impugned order calls for no interference - appeal dis .....

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f Act, 1985. The cotton yarn produced by them is captively consumed and for payment of duty on the yarn captively consumed, the respondents were following the procedures laid down under Rule 49 A of the Central Excise Rules, 1944. As the real yarn content and their value in the fabrics cleared are not known directly, the respondents adopted a formula to workout the value for discharging the duty liability. Thus the respondents declared the value of the yarn count-wise on average basis, ie., weig .....

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was confirmed and penalty was imposed. Aggrieved, appellants filed appeals and as the matter was pending before Tribunal, the cases were kept in the call book. Later, the Tribunal vide Final Order No. 1108/2005 dated 8.8.2005 held that the order-in-original demanding differential duty and imposing penalty has no merits. The Tribunal followed its earlier decision in the case of Mafatlal Industries Vs. CCE, Mumbai 2004 (172) ELT 232 (Tri.-Mum.), where it was held that all costs only upto the spind .....

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t the yarn duty should be paid at the spindle stage, he has not gone into the aspect of valuation of captively consumed yarn. That such valuation of captively consumed yarn has to be adopted in terms of Rule 6(b) of Central Excise Valuation Rules, 1975 for the period upto 01.07.2000 and under Rule 8 of Central Excise Valuation Rules, 2000 as per CAS-4 principles after 01.07.2000 taking ginto account all costs incurred upto spindle stage. That in respect of certain counts, respondents have adopte .....

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