TMI Blog2016 (1) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... ttled by the Supreme Court in the case of Daiichi Karkaria (1999 (8) TMI 920 - SUPREME COURT OF INDIA) wherein held that the Central Excise duty paid on the inputs need not be included for arriving at the costing of final product as the availment of Cenvat credit neutralizes the impact of the duty on costing of the finished products. Following the judgement, we hold that the basic allegation of no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Heard both sides and perused the records. 3. On perusal of records, we find that the issue involved in these two appeals is regarding the valuation of the goods for which job work was undertaken by the appellant. The appellant had filed by the declaration of the price as submitted by the principal manufacturers to them. It was noticed by the appellants that principal manufacturer while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of arriving at the correct costing of final products. As regards appeal number E/3424/05, it is his submission that after the deduction of Excise duty from the costing, there may be few instances wherein those will be short payment of duty and they are ready to discharge the same. 5. Learned departmental representative on the other hand would reiterate the findings of the lower authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... needs to be included for costing of finished goods has no locus standi accordingly, on merits we hold that appeal needs to be allowed. Appeal number E/3423/05 is allowed and the impugned order is set aside. 8. As regards appeal number E/3424/05, learned Counsel fairly submits that there could be instances where there may be short payment of duty even after applying the principle as laid down b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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