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2017 (9) TMI 697 - AT - Central ExciseRefund claim - rejection on the ground that the cost certificate submitted by the appellant-assessee did not correctly arrive at the valuation to decide 115% of cost of production - Held that: - valuation based on costing can be made for clearances prior to 2003 when the cases were pending - reliance placed in the case of NATIONAL ALUMINIUM CO. LTD. Versus COMMISSIONER OF C. EX., BHUBANESWAR-I [2005 (3) TMI 186 - CESTAT, NEW DELHI]. Whether the Board circular dt. 1.7.2002 is only clarificatory and Valuation Rules, 2000 will prevail over the said circular? - Held that: - valuation under Rule 4 / Rule 11 was not a subject matter before the original authority. Neither it was a subject matter before the first appellate authority. The issue before the lower authorities for a decision was whether the appellant-assessee correctly arrived at the 115% based on costing in terms of Board's circular dt.1.7.2002 - As such, it is not legally tenable for the Revenue to take up an issue which was not all proposed, discussed or decided by both the lower authorities. Since no proposal was made against the appellant-assessee to change the method of valuation in the proceedings before the lower authorities, we cannot go into the said issue for a decision - appeal dismissed. Appeal dismissed - decided against Revenue.
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