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2018 (10) TMI 15 - AT - Central ExciseArea based exemption - Calculation of value addition norms - N/N. 32/99-CE dated 08.07.1999 - applications for fixing of special value addition submitted by the applicant was rejected on the ground that the assessee have not deducted Indirect Taxes other than excise duty and also on the ground that the entire value of excise duty has not been deducted, but only the net excise duty. Held that:- The Notification vide ‘Explanation’ to para 4 specifies that to determine the actual value addition, the sales value of the goods excluding excise duty/vat/other indirect taxes, if any, paid on the goods, should be taken into account. This clearly tells us that the entire excise duty is required to be deducted which does not appear to have been done by the assessee at the time of projecting the value addition. Similar mistakes in calculation also appear to be happened in respect of Cleaning Preparation also - The other misgiving recorded by the Commissioner is that the finished goods stock, lying with the various C&F Agents across India has also not been taken into account. The matter value addition is required to be re-worked out by the Adjudicating Authority, after taking into account the certificate submitted by the appellant, subsequent to passing of the impugned orders - Appeal allowed by way of remand.
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