TMI Blog2004 (7) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... challenged the correctness of the Order-in-Original Nos. 25 26/2002 dated 30-8-2002. The appellants are manufacturers of Iron and Steel falling under Chapter Heading 72 of the Schedule to Central Excise Tariff Act. They had sold the goods at factory gate as well as at various stock yards (21 in all) located all over the country. The goods removed for some through stock yards were also cleared on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by them the charges collected by them from their customers for cutting and bending was not required to be added to the assessable value. They also submitted that the demands were time-barred. However, the Commissioner has not agreed with their pleas nor he has agreed with the ratio of the judgments cited by them. He also held that the demands were not time-barred. 2. We have heard ld. Counsel S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the judgments rendered by the Tribunal in the case of Castrol India Ltd. (supra) [2004 (166) E.L.T. A45 (S.C.)] has been confirmed by the Apex Court. He also submits that the Savita Chemicals Ltd. case (supra) has also been confirmed by the Apex Court. He points out that the Tribunal in the above judgments have clearly held that for adding the value in the goods cleared from the stoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number of earlier orders and Supreme Court rulings. Therefore, the activity of cutting and bending not being a process of manufacture the charges collected for the same is not required to be added in the assessable value. Be that as it may, even on merits the goods which were cleared from the factory were not the same as cleared from the stock yard. The term 'such goods' as referred in Sec. 4A has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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