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CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
G.A. Brahma Deva, J.H. Joglekar, JJ.
Vakharia Dyeing & Finishing Works -Appellant
Versus
Collector of Central Excise, Vadodara -Respondent
Final Order No. E/28/98-D Appeal No. E/889/90-D, E/28 of 1998, E/889 of 1990
Decided On : 19-12-1997

Advocates Appeared:
R.S. Sangia

ORDER

Per G.A. Brahma Deva :

The appellants remained absent. However, they desired to have disposal on merit. Accordingly, we proceed to pass this order after hearing Shri Sangia, learned JDR for the Revenue.

2. The short point to be considered in this case is whether trader's profit is to be included in the assessable value of the processor/manufacturer.

3. The very issue has been settled in their own case as per Final Order No. 43 44/93-A in appeal No. E/4544 4566/92-A. In the case of Ujagar Prints Etc. Etc. Vs. Union of India Others, reported in 1989 (39) E.L.T. 493 (SC) it was clearly held that assessable value should include the processor's expenses, costs and charges plus profit but it is not necessary to include trader's profit who got fabrics processed because those would be post manufacturing expenses. The Tribunal has been consistently following this view and holding that trader's profit cannot be included in the assessable value of the goods processed by the processor. Accordingly, the appeal is allowed.

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