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2016 (9) TMI 177 - AT - Central ExciseValuation - inclusion of unutilized credit in the cost / assessable value of grey fabrics - Whether the additional excise duty credit which the appellant has availed but has not been used by them in as much as their final product did not attract any AED, is required to be added in the assessable value of the final product or not - Held that:- The issue is no more res integra and stands settled by the Hon’ble Supreme Court decision in the case of Collector of Central Excise Pune Vs. Dai Ichi Karkaria Ltd. [1999 (8) TMI 920 - SUPREME COURT OF INDIA]. It stands held that the excise duty paid on raw material if modvatted not to be included in determining the cost of production of excisable product. In the present case we note that it is not the appellant who is seeking deduction of AED from the cost of their final product but it is the revenue who seeks to add the same in the cost of the final product. Therefore, in view of the decision of the Supreme Court such credit is not required to be added back to the assessable value of the final product. Even otherwise also we find from perusal of the invoices produced before us that their final product was being sold by the assessee at the transactional value in which case the question of adding any credit element would not arise. - Decided in favour of assessee
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