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2010 Supreme(SC) 1083

D.K.JAIN, H.L.DATTU
Commissioner of Central Excise, Aurangabad – Appellant
Versus
Bajaj Auto Ltd. , Waluj, Aurangabad, through its Vice President (Materials) – Respondent


JUDGMENT

H.L. Dattu, J. —

1) The appellant, being aggrieved by the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai, (for short ‘Tribunal’) in Appeal No.A/75-78/WZB/06/C-II/EB dated 13.01.2006, is before us in this appeal filed under Section 130-E of the Customs Act, 1962 (hereinafter referred to as ‘the Act’).

2) The issue in this appeal relates to the valuation of aluminum castings manufactured by M/s. Anurang Engineering Co. Ltd. (for short ‘Anurang’) which in turn is based on the purchase price of aluminum ingots supplied by M/s. Bajaj Auto Ltd., Waluk, Aurangabad (for short ‘Bajaj’). Anurang, who is Respondent no. 4 in this appeal, is engaged in the manufacture of aluminium castings, commonly known as “handle bar body”, “crank case clutch”, and castings used as motor vehicle parts, classifiable under Chapter Sub-heading 8708.00 and 8714.00 of the Central Excise Tariff Act, 1985. Bajaj, the Respondent no.1, was supplying inputs - aluminum ingots after purchasing the same from other manufacturers to Anurang for the relevant period under the cover of invoices issued under Rule 57F(2) and Rule 57(3) of the Central Excise Rules, 1






























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