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2016 (2) TMI 364 - AT - Central ExciseValuation - Royalty to be included in assessable value - Held that:- As observed that the appellant have not produced evidence for payment of royalty to M/s Rohne-Poulenc Agrochemicals (India) Ltd., which needs to be considered by the adjudicating authority. Accordingly, it was held that the royalty is deductible and is not to be included in the assessable value if the appellant have paid royalty to M/s Rohne-Poulenc Agrochemicals (India) Ltd. And matter was remanded for verification of such payment to the adjudicating authority. Charging of duty on freight component recovered by debit note, the issue is covered by the decision of the Hon'ble Supreme Court in the case of VIP Industries Ltd. (2003 (4) TMI 109 - SUPREME COURT OF INDIA) and accordingly, the same is decided in favour of the appellant. So far the issue of excess finished goods found, we find that the same is insignificant being less than 2% of the total stock available and further there is no allegation of finding of any clandestine removal or activity on the part of the appellant. Moreover the stock of the day was taken on estimate basis. - Decided in favour of the appellant.
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