TMI Blog2004 (10) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... arise.. In the aforesaid circumstances without expressing any view on the merits we remit the matter to the CEGAT for considering the factual aspect and the applicability of Ashok Leyland's case (supra) to the facts of the present case. The appeals are allowed - 7310-7312 of 2003 - - - Dated:- 25-10-2004 - Arijit Pasayat and C.K. Thakker, JJ. [Judgment per : Arijit Pasayat, J.]. - Appellant calls in question legality of the judgment rendered by the Customs, Excise Gold (Control) Appellate Tribunal (in short the 'CEGAT') in Appeal Nos. E/1574 3180/93-A E/1668/94-A. The factual background in a nutshell is as follows : Show cause notice was issued on 29-4-1993 to the appellant in respect of the period 1-10-1992 to 11-3-1993 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edly 2% direct sale in the spare market though 98% of the production was being captively consumed. It was noted that how the value of goods captively consumed is to be ascertained has been settled by this Court in Ashok Leyland Ltd. v. Collector of Central Excise, Madras [2002 (10) SCC 344] it was noted that as per the said decision, since price is ascertainable by way of direct sale, the question of applying Section 4(1)(b) of the Act would not arise. The valuation of the goods captively consumed is to be based on the market price of the goods directly sold. Therefore, the appeals filed by the assessee were dismissed, but that part of the order passed by the Collector, which related to penalty, was set aside. 5. Mr. V. Lashmi Kumaran, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the goods are ordinarily sold by the assessee to a buyer in the course of a wholesale trade. Section 4(4)(e) clarifies that a sale to a dealer would be deemed to be wholesale trade. Therefore, the normal price would be the price at which the gods are sold in the market in the wholesale trade. Generally speaking, the normal price is the one at which goods are sold to the public. Here the sale to the public is through the dealers. So the normal price is the sale price to the dealer. The proviso, which has been relied upon by learned counsel, does not make any exception to this normal rule. All that the proviso provides is that if an assessee sells goods at different prices to different classes of buyers, then in respect of each such class ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey appear to have been stated. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for judges to embark into lengthy discussions but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes. In London Graving Dock Co. Ltd. v. Horton (1951 AC 737 at p. 761), Lord Mac Dermot observed : "The matter cannot, of course, be settled merely by treating the ipsissima vertra of Willes, J. as though they were part of an Act of Parliament and applying the rules of interpretation appropriate thereto. This is not to detract from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oad resemblance to another case is not at all decisive." * * * * * * * * * "Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it." 12. This aspect has been highlighted in Collector of Central Excise, Calcutta v. M/s. Alnoori Tobacco Products and Anr. [Civil Appeal Nos. 4502-4503 of 1898 decided on 21-7-2004]. 13. It is correct as contended by learned counsel for the assessee-appellant that the department's case rested on Rule 6 of the Valuation Rule. CEGAT did not consider the applicability ..... X X X X Extracts X X X X X X X X Extracts X X X X
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