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2017 (10) TMI 198 - AT - Central ExciseValuation - job-work - case of the department is that valuation in hand of the appellant should be equal to the landed cost of the raw material plus job work charges as laid down by Hon’ble Supreme Court in case of M/s. Ujagar Print [1988 (11) TMI 106 - SUPREME COURT OF INDIA] - Held that: - The valuation method as mentioned will be applicable only in case where the sale price of the goods is not available - In the present case there is no dispute that goods manufactured by the appellant in the capacity of the job worker for their principle M/s. TISCO, the same is sold by the M/s. TISCO to the independent customers. The said sale price has been adopted for discharging the excise duty by the appellant. Since in the present case sale price of the very same goods is available and same has been accepted by appellant for discharging excise duty there is no need to resort to valuation rules under Section 4(1)(b). Appellant have correctly applied the value on the basis of sale price at which principle had sold the goods - appeal allowed - decided in favor of appellant.
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