SANKESHWAR HOSIERY INDUSTRIES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) IN this appeal at the instance of the assessee the issue raised is whether the Revenue will be justified in adopting the price relating to sale to the Defence Department for the purpose of computing the assessable value of the yarn transferred to its sister units for captive consumption.

(2.) SO long as the price as contemplated under Section 4(1)(a) of the Central Excise Act is available, there is no need to go to Section 4(1)(b) or take recourse to the valuation rules. This issue has been settled by a number of decisions of this Tribunal and finally by the Apex Court in the case of Ashok Leyland Ltd. v. CCE, Madras reported in 2002 (146) E.L.T. 503. The appellant has no case that apart from the sale to the Defence Department it has any other sale to other dealers charging a different price. Under these circumstances, we find no merit in the matter. The appeal, therefore, stands dismissed.