Customs, Excise and Gold Tribunal - Mumbai
Cloride India Limited vs Collector Of Central Excise on 26 December, 1997
Equivalent citations: 1998(102)ELT415(TRI-MUMBAI)
ORDER K.S. Venkataramani, Member (T)
1. We have heard Shri Swaminathan, the ld. Consultant for the Appellants and Shri S.V. Singh, the ld. DR. In the present appeal the issue is relating to valuation. We find that the Commissioner (Appeals) in the impugned order has given a finding that elements of expenses towards tunover tax, equalised freight, insurance on transport are deductible for the purpose of arriving at assessable value of the manufactured products in terms of Section 4 of the Central Excise Act, 1944. But the Appellants are aggrieved by the further direction given by the Commissioner (Appeals) that the percentage of these deductions should not be allowed to exceed 3.03%, based on the observations of the Commissioner (Appeals), that on the range at which the expenses stood in the past. We, however, are inclined to hold that this rider to the appellate order is not called for because in any case the Commissioner (Appeals) has ordered the deductions from the actuals for the period 1986-87 which are already available. So there is really no justification to say that it should have a ceiling of 3.03%. The appeal is therefore allowed.