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2013 (11) TMI 1153 - AT - Central ExciseCost of Waste/Scrap to be included in the value of goods manufactured by the job worker or not - The applicant sold the scrap in the market – Revenue was of the view that the value of the scrap had not been included in the assessable value - Held that:- CCE Nagpur Vs Lloyds Steels Industries Ltd. [2005 (3) TMI 17 - SUPREME COURT OF INDIA] - Cost of materials and conversion charges are different elements - if by retaining scrap/waste, conversion charges get reduced, then value of scrap/waste would be includible in the assessable value - The contention of ld. advocate that there is no evidence in so far the value was depressed by non-inclusion of value of waste and scrap would be looked into at the time of appeal hearing at length – the applicant failed to make out a prima facie case for waiver of pre-deposit of entire amount of tax and penalty along with interest – appellant directed to submit Rupees Ten lakhs as pre-deposit – upon such submission rest of the duty to be submitted till the disposal – Partial stay granted.
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