ORDER
Gowri Shankar, Member (T)
1. Appeal taken up for disposal, after waiving deposit.
2. The order of the Commissioner (Appeals) impugned before us has dismissed the appeal before him for failure to comply with the terms of the stay order.
3. Having considered the merits of the matter, we are of the view that a bond with bank guarantee that the Commissioner (Appeals) has ordered was not called for. The issue before him was the valuation of molasses that arose in the course of manufacture of sugar by the appellant, which it sold to buyers. The order of the Assistant Commissioner, which was impugned before the Commissioner (Appeals), has applied on the basis for the assessable value a price of Rs. 1000/- per ton which was certified as minimum cost of manufacture of molasses by the chief sugar technologist in Vasant Dada Sugar Mills, Pune. The decision of the Tribunal in Agasti Sa-hakari Sakhar Karkhana Ltd. v. CCE (Appeal 2896/00) [2001 (137) E.L.T. 898 (Tribunal) indicates the presence of a number of features of molasses would legitimately depress the sale price. There are other decisions of the Tribunal, which have questioned the correctness of the certificate of the sugar technologists by pointing out that it is difficult to estimate the cost of manufacture of a by product which is what molasses is.
4. Having regard to these facts, we allow the appeal, set aside the order and direct the Commissioner (Appeals) to hear and dispose of the appeal before him in accordance with law without insisting on any deposit.