Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2023 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 1232 - CESTAT MUMBAIRecovery of Central Excise duty alongwith interest and penalty - retention of scrap generated from the raw material received by them from the principal manufacturer namely KEC International, Larsen and Tubro Ltd. etc. - contravention of Rule 4, 6 & 8 of Central excise Rules, 2002 - HELD THAT:- In case of Raaja Magnetics Ltd. [2017 (6) TMI 800 - CESTAT BANGALORE], on similar issue it was held that the value of scrap not includable in assessable value. The Commissioner (Appeals) has in the appellant own case following the decision of PR. ROLLING MILLS PVT. LTD. VERSUS COMMISSIONER OF C. EX., TIRUPATHI [2009 (3) TMI 444 - CESTAT, BANGALORE] has allowed the appeals and held that the money value of the scrap retained by the appellant does not represents additional consideration for the appellant and it is not liable to be included in the assessable value of job worked goods being cleared on payment of duty to the principal manufacturer. The retention of scrap/ waste arised during job work does not depress the job work conversion charges, the same are not included in the assessable value. There are no merits in impugned order or the submissions made by the authorized representative - appeal allowed.
|