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2017 (2) TMI 312 - AT - Central ExciseValuation - inclusion of amortized cost of dies/tools in assessable value - appellant has relied on the decision of Hon’ble Apex Court in the International Auto Ltd Vs. Commissioner of Central Excise, Bihar [2005 (3) TMI 132 - SUPREME COURT OF INDIA], to claim that the demand be set aside - Held that: - It is seen from the decision of the Tribunal that the said goods were supplied free of cost under Rule 57F(2) and the said goods were components - In the instant case the goods are dies/tools and not components and same are not supplied under Rule 57F(2) but under Rule 57AC(5) (b). The provisions being different the decision of Hon’ble Apex Court in case of International Auto Ltd cannot be applied to the instant case - value to be included in assessable value - appeal dismissed - decided against appellant. Clearance of defective goods as waste - valuation - Electrical insulation tapes - whether the Tribunal was justified in seeking assessment at the price which M/s. Leo Pack (to whom defective goods were cleared) sold the goods? - Held that: - It is seen that on the one hand appellant have not provided any basis for arriving at assessable value at which the said defective tapes were cleared. On the other hand, the revenue has adopted the sale price of the goods after clearance from job worker as the assessable value. Neither Revenue nor appellant has cited any rule under which the said value has been adopted. In that respect order of the Original authorities are not speaking order and therefore matter has to be remanded back to the original adjudicating authority to spell out under which rules the value was enhanced - Appeal allowed by way of remand. Refund claim - adjustment of refund against pending dues - Held that: - The impugned orders are set aside as one of the demand has been set aside. The matters are remanded to the original adjudicating authority for the purpose of adjustment of dues - matter on remand. Appeal disposed off.
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