TMI Blog2016 (12) TMI 1776X X X X Extracts X X X X X X X X Extracts X X X X ..... principal to principal basis. In the transaction of job work, the valuation is governed by Rule 8 in a case where no sale price is available and entire transaction is under job work only. However, in a case where the same goods is sold by the assessee on principal to principal basis then instead of valuation of Rule 8, the sale price to the independent buyer will apply. Appeal dismissed - d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f retail sale price. Valuation of goods sold by the appellant to M/s.AK Enterprises was done on the basis of comparable value i.e. ₹ 25,486/- per MT at which the said goods were sold to Hindustan Lever Ltd. In the show-cause notice the department has contended that since the goods, i.e. detergent powder in bulk supplied by the appellant to AK Enterprises on job work and not for sale, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturer for captive consumption or if it is used outside but on behalf of the manufacturer, the valuation should be done on 115% of the cost of manufacture. In the present case there is no dispute that the goods manufactured by the appellant was not sold by them but cleared to the job worker for further manufacture on their own behalf. Therefore, the Rule 8 is appropriately applicable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 255 (T). This judgement was upheld by the Honble Supreme Court ad departments appeal was dismissed by the Supreme Court reported in 2015 (321) ELT A38 (SC). 4. We have carefully considered the submissions made by both sides. 5. We find that the fact is under dispute that the appellant supplied the bulk detergent powder to their job worker but at the same time they are selling th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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