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2016 (1) TMI 699 - AT - Central ExciseValuation of the goods for which job work was undertaken - determining the cost of an excisable product - whether the Central Excise duty paid on inputs needs to be included in the costing of the final product for arriving at the assessable value or otherwise? - Held that:- The issue is now settled by the Supreme Court in the case of Daiichi Karkaria (1999 (8) TMI 920 - SUPREME COURT OF INDIA) wherein held that the Central Excise duty paid on the inputs need not be included for arriving at the costing of final product as the availment of Cenvat credit neutralizes the impact of the duty on costing of the finished products. Following the judgement, we hold that the basic allegation of non-inclusion of Central Excise duty paid on inputs needs to be included for costing of finished goods has no locus standi accordingly, on merits we hold that appeal needs to be allowed. The differential duty payable shall be paid by the appellants along with interest and the differential duty will be calculated on the basis of the law settled by the Apex Court as cited hereinabove.
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