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2016 (2) TMI 864 - CESTAT BANGALORE

2016 (2) TMI 864 - CESTAT BANGALORE - 2016 (334) E.L.T. 691 (Tri. - Bang.) - Valuation of machineries cleared to the job-workers - duty liability by the appellant as the value after availing benefit of depreciation - Held that:- As it is undisputed that the appellant has cleared the machineries to their job-workers from whom they got the goods manufactured. Such manufactured goods were brought to their factory for use and final products were cleared on payment of appropriate duty. It is responsi .....

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er that the adjudicating authority has recorded that it is claimed by the assessee that the machinery was manufactured in 1996, but the said claim of the assessee is not controverted in anyway in the adjudication order. The first appellate authority was hearing the appeal filed by the assessee could not have come to a conclusion that the said machineries were indeed not manufactured in 1996, without any evidence. - Secondly, we find that C.B.E.C. in Circular No. 643/34/2002-CX. dated 1.7.200 .....

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ntly removed, depreciation needs to be given as per the clarification of C.B.E.C - Decided in favour of assessee - E/214/2007-DB - Final Order No. 20022 / 2016 - Dated:- 11-1-2016 - SHRI M.V.RAVINDRAN, JUDICIAL MEMBER AND SHRI ASHOK K. ARYA, TECHNICAL MEMBER For the Petitioner : Mr. Raja Kannen, Advocate For the Respondent : Mr. Ajay Saxena, Commissioner (A.R.) ORDER PER M.V. RAVINDRAN This appeal is directed against the Order-in-Appeal No. 5/2007 dated 31.1.2007. 2. Heard both sides and perused .....

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he Revenue authorities were of the view that the appellant has to discharge the duty liability on the machinery cleared. Acceding to the directions of the Revenues authorities, the appellant calculated the assessable value of the machineries by availing the benefit of depreciation as per the Central Board of Excise & Customs letter F. No. 495/16/93-Cus-VI dated 26.5.93 and discharged the duty liability. Revenue authorities are of the view that since the machineries were cleared to the job-w .....

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has erred in appreciating the law correctly. In our considered view that it is undisputed that the appellant has cleared the machineries to their job-workers from whom they got the goods manufactured. Such manufactured goods were brought to their factory for use and final products were cleared on payment of appropriate duty. It is responsible statement of the learned counsel, that the machineries subsequently returned back to the appellant, though this position is not forthcoming from the record .....

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