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2019 (6) TMI 120 - CESTAT MUMBAIValuation - copper scrap - under-valuation - upward revision of price can be done or not - whether the value of copper scrap declared by the raw material supplier for job work would be revised at the end of the job-worker? - HELD THAT:- Undisputedly, the respondent has availed the CENVAT Credit of duty paid on the scrap by the principal manufacturer and there is no objection raised by the jurisdictional Commissionerate on the value declared by the principal manufacturers. The issue is no more res integra and covered by the principles laid down by the Hon'ble Supreme Court in COMMISSIONER OF CENTRAL EXCISE & CUSTOMS VERSUS MDS SWITCHGEAR LTD. [2008 (8) TMI 37 - SUPREME COURT] laying down the principle that value of the raw material declared by the principal manufacturer cannot be questioned in the hands of the receiver unless there is allegation of connivance or collusion between the raw material supplier and receiver of the same is established. In the present case, no such allegation is forthcoming. Also, no proceeding has been initiated against the principal manufacturer who supplied the copper scrap for job-work to the respondent alleging undervaluation of the scrap. Upward revision of price cannot be done - appeal dismissed - decided against Revenue.
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