TMI Blog2015 (1) TMI 1133X X X X Extracts X X X X X X X X Extracts X X X X ..... duty as per the value from the customers as per the price at which it was cleared from the consignment agents. Therefore, the excise duty is payable on the goods manufactured and cleared from the job worker directly to the consignment agent on the price at which consignment agents have sold to the buyers. The judgment relied upon by the Ld. AR in the case of Loharu Steel Industries Ltd (2002 (1) TMI 111 - CEGAT, BANGALORE) and I.P.F. Vikram India Ltd (2002 (4) TMI 211 - CEGAT, COURT NO. I, NEW DELHI), rightly applicable to the present case. The appellants relying on the Hon’ble Supreme Court judgment in the case of Ujagar Prints Etc. (1989 (1) TMI 124 - SUPREME COURT OF INDIA) is not applicable to the present case, as the facts are differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with interest. Aggrieved by this, the appellants filed appeals before the Commissioner (Appeals). The Commissioner (Appeals) has upheld the order and dismissed the appeals. Hence, the present appeals filed by the appellants. 3. The Ld. Advocate appearing on behalf of the appellant submits that they have paid excise duty correctly as per the cost of production of yarns carried out on job work basis. He submits that as per the agreement between SFG, the raw materials are supplied by SGF and on manufacturing the yarns, they will discharge duty liability by adopting Cost Construction Method. The cost of the raw materials plus job charges were certified by the Chartered Accountant. This fact has not been considered by the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arges. Therefore, the duty demanded is liable to be upheld and the penalty imposed also should be sustainable. He relied upon the following case laws:- 1. Loharu Steel Industries Ltd. Vs. CCE, Bangalore 2002 (141) ELT 229 (Tri.- Bang.) 2. I.P.F. Vikram India Ltd. Vs. CCE, Chandigarh 2003 (160) ELT 1017 (Tri.-Del.) 3. Hind Lever Chemicals Ltd. Vs. CCE, Calcutta-II 2001 (130) ELT 82 (Tri.-Kolkata) 5. We have carefully considered the submissions by both the sides and perused the records. The short issue to be decided in the present appeal relates to valuation of the goods cleared by the job worker directly on payment of excise duty. We find that the appellants have adopted provisional assessable value on cost p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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