Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1056 - AT - Central ExciseValuation - goods supplied in bulk packing to the appellant's processor for re-packing into retail packs - to be classified under the provisions of Section 4 (i)(a) or under section 4 (i)(b) of the Central Excise Act, 1944? - applicability of Rule 6 (b)(i) of the Central Excise (Valuation) Rules, 1975 - Held that: - the product manufactured by the appellant is derived by chemical process of raw materials and further precise processing. The manufacturing process and technology adopted by the appellant, may be different from that adopted by M/s Laxman. The valuation cannot be adopted on the basis of the price at which M/s Laxman has sold the goods to the appellant. It would be more appropriate to determine the value on the basis of the cost of production including profits, if any - the valuation has been determined only by adopting a notional profit of 10% on the cost of production which is reasonable. Time limitation - Held that: - the adjudicating authority has recorded categorical finding in Para 5.10 for price declaration for the year 1997 and the subsequent years that the price is based on comparable goods purchased from other manufacturers - this case is to be one of willful mis-statement - time limitation not applicable. Appeal dismissed - decided against appellant.
|