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2016 (9) TMI 177 - CESTAT NEW DELHI

2016 (9) TMI 177 - CESTAT NEW DELHI - 2016 (338) E.L.T. 738 (Tri. - Del.) - Valuation - inclusion of unutilized credit in the cost / assessable value of grey fabrics - Whether the additional excise duty credit which the appellant has availed but has not been used by them in as much as their final product did not attract any AED, is required to be added in the assessable value of the final product or not - Held that:- The issue is no more res integra and stands settled by the Hon’ble Supreme Cour .....

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n view of the decision of the Supreme Court such credit is not required to be added back to the assessable value of the final product. Even otherwise also we find from perusal of the invoices produced before us that their final product was being sold by the assessee at the transactional value in which case the question of adding any credit element would not arise. - Decided in favour of assessee - E/1243/2007-EX DB) - FINAL ORDER NO. 51967/2016-EX(DB) - Dated:- 17-5-2016 - Ms. Archana Wadhwa, Me .....

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rey fabric, the credit on AED (T&TA) was not being utilized by them in as much as the grey fabric did not attract any AED (T&TA) and the said credit so availed by them was lying unutilized in their Cenvat Credit Accounts. 2. Revenue by entertaining the view that the credit lying in their books was an expenditure which should have been included in the cost / assessable value of grey fabrics, initiated the proceedings against them for demand of differential duty. The said proceedings resul .....

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