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2017 (3) TMI 554 - AT - Central ExciseValuation - job-work - inclusion of various cost in the cost of raw material - job charges - transportation charges - Held that: - the value of goods manufactured by GIL on job work basis will necessarily be the cost of raw materials used in the manufacture of the item (including the cost of raw materials supplied free of cost) for the job work plus the job charges (including the profit of the job worker, if not already included in the job charges) The reduction from such costing of higher burning loss to the extent of 11% and treating the same as assessable value for discharge of duty liability is then without any basis by the appellant and has resulted in short payment of duty. Cost of transporting raw materials/inputs to the premises of job work will also be added to determine the cost of raw material/input. Unaccounted clearances of CTD bars/rounds - validity of quantification - Held that: - Since the discrepancy emerged, based on the declarations/information made/provided by GIL themselves to department, there is no need of further corroborating the same. In the event, here also there is no cause for interfering with the demand of differential duty of ₹ 8,35,693/-. Extended period of limitation - Held that: - investigation has successfully unearthed the questionable modus operandi of the racket who has caused prejudice to Revenue with intent to evade excise duty. Investigation has proved that clandestine removal of goods by the appellant was made following a pre-meditated design. Hence invocation of extended period of limitation in the notice under proviso to Section 11A of the Central Excise Act and its affirmation in the impugned order, are very much in order and does not require interference. Appeal dismissed - decided against appellant.
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