TMI Blog1996 (12) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise Act, 1944. The issues framed by the Learned Lower Authority in his order are as under :- (i) Whether the amount of duty paid on the raw materials is to be included in the assessable value of the final product. (ii) Whether scrap retained and sold by the appellants who are job workers forms additional consideration and the duty is demandable in respect of the same. So far as the first issue is concerned both the sides agree that the same stands covered by the ratio of the decision of the Larger Bench of the Tribunal in the case of Dai Ichi Karkaria reported in 1996 (81) E.L.T. 676. Inasmuch as, therefore, one of the issues is prima facie covered as above and the second issue lies in a short compass, by dispensing with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Part II price lists and the value declared by them for their own goods manufactured out of their own raw material and out of the raw material supplied by the customers was the same. He has therefore pleaded that the assessment could not have been done on the basis of Rule 6(b) of Valuation Rules. The Learned JDR, Shri Arulswamy has pleaded that the prices declared by the appellants were under Part II price lists which were for supply of goods to Industrial Consumers and the same therefore could not form the basis for arriving at the assessable value in respect of the goods which were manufactured on job work basis. He has pleaded the authorities had therefore had to have resort to Rule 6(b) of the Valuation Rules. 5. We have considere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants are major manufacturer and they are expected to be aware of the provisions of Law. No reason has been adduced as to why this fact regarding retention of scrap was not brought to the notice of the authorities. The consideration that the appellants get for job work by way of cash or kind has to be taken into reckoning for arriving at the assessable value. The scrap retained by them and which they sold later, was a consideration in kind for the job work done. The amounts appropriated by sales of scrap were required to be reckoned towards the job charges for arriving at the assessable value. The appellants were duty bound under the Law to furnish the facts in this regard to the same to the authorities. There is no explanation for not doi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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