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2015 (1) TMI 1133 - AT - Central ExciseValuation of the goods cleared by the job worker directly on payment of excise duty - Held that:- Appellants have adopted provisional assessable value on cost plus conversion charge basis and paid excise duty. It is also seen that the first appellant instead of returning the finished goods to the principle manufacturer directly cleared the goods to the consignment agents on payment of excise duty. Whereas, it is seen that the consignment agents in turn collected the excise duty and sales tax from the buyers. It is also noticed that SGF has already collected the excise duty as per the value from the customers as per the price at which it was cleared from the consignment agents. Therefore, the excise duty is payable on the goods manufactured and cleared from the job worker directly to the consignment agent on the price at which consignment agents have sold to the buyers. The judgment relied upon by the Ld. AR in the case of Loharu Steel Industries Ltd (2002 (1) TMI 111 - CEGAT, BANGALORE) and I.P.F. Vikram India Ltd (2002 (4) TMI 211 - CEGAT, COURT NO. I, NEW DELHI), rightly applicable to the present case. The appellants relying on the Hon’ble Supreme Court judgment in the case of Ujagar Prints Etc. (1989 (1) TMI 124 - SUPREME COURT OF INDIA) is not applicable to the present case, as the facts are different in the present case. Accordingly, we do not find any infirmity in the findings of the adjudicating authority in confirming the demand of differential duty. However, we reduce the penalty imposed on SSTL from ₹ 25,000/- to ₹ 5,000/- and the penalty imposed on SGF is set aside. - Appeal disposed of.
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