TMI Blog2004 (10) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... umseh Products India Ltd. (hereinafter known as the appellants) are the manufacturers of Hermetically Sealed Compressors and the parts which are excisable. The issue for determination in this appeal is the value of captively consumed parts, manufactured by the appellant and used in the same factory and in their sister concern for manufacture of compressors. The Commissioner of Central Excise, in h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- under Rule 173Q in respect of appeal No. E/238/02. 2. Smt. L. Maithili, learned Advocate appeared for the appellants and Shri P.M. Saleem, learned SDR appeared for the Revenue. 3. The learned Advocate brought to our attention the Board's Circular No. 692/8/2003-CX., dated 13-2-2003 wherein it is stated that the cost of production of captively consumed goods will henceforth be done strictly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d profit only are includible in the assessable value'. Further reliance was placed on the decision in Mafatlal Industries Ltd. v. CCE, Mumbai-I - 2001 (134) E.L.T. 725 (Tri.-Mumbai) wherein it is held that 'marketing and sales expenses incurred subsequent to the manufacture have nothing to do with the manufacture itself and cost thereof is not includible in the assessable value for Rule 6(b)(ii) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the argument of the learned SDR that we are not bound by Board's Instructions clarifying that cost of production of captively consumed goods will be done strictly in accordance with CAS-4. The Tribunal cannot ignore Board's clarifications, which are in accordance with law and judicial pronouncements. Under these circumstances, the OIO has no merits and we allow the appeals with consequentia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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