1. The appellant is a manufacturer of PCC Poles which are used by the Electricity Board for the purposes of laying electric lines and transmission of electric energy. The Department being of the view that there is no captive consumption in terms of Valuation Rules held that 10 per cent profit will have to be added in finding out the value of these poles and not the actual value disclosed by them. The appellant having lost before the authorities, carried the matter to the Tribunal. The Tribunal upheld the orders made by the authorities and took the view that "PCC poles are marketable and where the work is done by job work, there may be some margin of profit in such activity" forgetting the fact that in the present case Electricity Board itself was carrying on that job and has not assigned the job to any other person who can gain such profit and no business was carried on by the Electricity Board after manufacturing the poles and selling them out or dealing out with any other person. On the other hand, the poles were used for drawing electric lines over them for purpose of transmission of electricity.
2. In this view of the matter, we think the order of the Tribunal cannot be sustained. The order made by the Tribunal is, therefore, set aside and the enhancement to the extent of 10 per cent is deleted.
3. The appeal is allowed accordingly. Each party shall bear its own costs.