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2015 (4) TMI 926 - AT - Central ExciseValuation of goods - manufacture of acetylene gas - appellant also manufacture the same product on job-work goods, arrived at the assessable value on the basis of sale price provided by their principal, M/s. BOC Ltd. and discharged the excise liability on the said value - Revenue contends that sale price of the goods manufactured and sold by the appellant to the independent buyer (other than job worker) should be applied for the purpose of valuation of job-work goods also - Held that:- The appellant is manufacturing acetylene gas on job-work basis where the principal M/s. BOC Ltd. is supplying the inputs. The appellant is paying excise duty on the sale-price at which the goods is sold by their principal, M/s. BOC Ltd. As regards the valuation of job-work goods, it is settled by the hon'ble Supreme Court in the case of Ujagar Prints (1988 (11) TMI 106 - SUPREME COURT OF INDIA) that the valuation of job-work goods should be arrived at by taking the cost of raw material plus job-charges including profit of the job-worker. In the present case, the appellant is applying the sale value of the principal and it is not under dispute that the said value is lower than the value computed in terms of hon'ble apex Court judgment in Ujagar Prints (1988 (11) TMI 106 - SUPREME COURT OF INDIA). So long as this factual position is not in dispute, we find that adoption of the value by the appellant is absolutely legal and correct. - Decided in favour of assessee.
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