ORDER
T. Anjaneyulu, Member (J)
1. The Commissioner, Central Excise, Mumbai-III has preferred this appeal along with other batch of appeals aggrieved by the order of Collector of Central Excise (Appeals) Bombay who has modified the order of Assistant Collector in respect of the subject price- lists, directing him to do an assessment of the price -list mentioned in the declaration furnished by the merchants in the manner without adding profit of 10%.
2. M/s Shree Mahesh Textiles Pvt. Ltd. Bhiwandi, Dist Thane (Assessee) was engaged in the manufacture of goods falling under Chapter 54 and 55. The assessee filed 35 price lists along with declarations given by merchant manufacturers wherein the assessable value was declared as “cost of yarn used in gray fabrics, job charges + profit in the range of 4 to 7%”. These price lists were approved by the Assistant Collector Central Excise Kalyan Dn. Vide Order dated 27.10.92 and enhanced the profit to 10%. Thereafter the assessee has filed an appeal with Collector (Appeals). The Collector (Appeals) has held that prices mentioned in the declarations were to be taken as assessable value. Further it is held “if the value furnished by the assessee was in doubt, Assistant Collector should have established the same and then enhanced the profit from 4 to 7% to 10%”. In the said circumstances the Collector (Appeals) has set aside the orders of approval of Price Lists made by the Assistant Collector, Central Excise Kalyan Dn.
3. We have gone through the grounds of appeal. There is no specific ground taken before us as to raise the profit margin from 4 to 7% to 10% as arrived at by the lower authority. There is no material on record to raise the profit margin to 10% as contended by the department. There appears me no reason to set aside the impugned order.
4. Therefore the order of the Commissioner of Central Excise (Appeals) has to be upheld and the present appeal dismissed for want of adequate grounds.
(Pronounced in Court)