Commissioner Of Central Excise, Pune vs M/S. Cadbury India Ltd

The Supreme Court addressed the valuation of goods captively consumed by M/s. Cadbury India Limited under Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975. The Court held that the valuation should be based solely on the cost of production and profits, excluding additional expenses such as labor and administrative costs, as these goods are not marketable. The Tribunal's decision to set aside the orders of the Commissioner and Assistant Commissioner was upheld, affirming that only the cost of manufacture and profit should be included in the assessable value.