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2017 (11) TMI 1465 - AT - Central Excise100% EOU - valuation of malt manufactured by the assessee and cleared back to the principal manufacturer - job-work - captive consumption - clarification F. No. 6/15/2009-CX-I dated 31.03.2010 issued by CBEC - Held that: - the CBEC circular cannot be followed for determining the value of the malt cleared by the job worker to principal manufacturer - decided against Revenue. Valuation - job-work - Department was of the view that the value of sprout which emerges during the process of making malt and cleared out by the job worker (assessee) is required to be added to the value of the malt for payment of excise duty - Held that: - appellant has sold the sprouts outside to the third party and retained the sale proceeds, then the value is required to be added to that of the goods, the malt supplied to the principal manufacturer and it attracts excise duty - decided against Revenue. Appeal dismissed - decided against Revenue.
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