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U.L.BHAT, K.SANKARARAMAN
Tube Investments of India Ltd. – Appellant
Versus
Collector of Central Excise, Madras – Respondent


Advocates Appeared:
M. Ali

ORDER

Per Justice U.L. Bhat :

Appellant is absent and is unrepresented in spite of notice of hearing, but has sent a request for decision of the appeal on merits. We have heard Shri M. Ali, JDR and perused the papers.

2. Appellant, engaged in the manufacture of lamps, was also manufacturing Long Starter Lamination and Short Starter Lamination and captively consuming the same in the manufacture of lamps. In respect of lamination the appellant filed Price List No. 1/83-84 dated 11.5.83, which was approved provisionally pending finalisation of the profit margin. The Price List showed only the price of raw materials and the cost of manufacture and did not indicate any profit margin. The price list was in force from 1983 to 1987. In each of the years during this period, for the final product in which Long Starter Lamination was used profit margin ranged from 1.84% to 4.40%. Figures for the final product using Short Starter Lamination profit margin ranged from 1.55% to 3.69%. The Assistant Collector directed assessable value of a particular year to include the profit margin on final product for the corresponding year. This order having been confirmed by the Collector (Appeals), the present

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