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2016 (12) TMI 220 - CESTAT NEW DELHI

2016 (12) TMI 220 - CESTAT NEW DELHI - TMI - Valuation - metallic - reduction of value of bought out items supplied with manufactured goods - Held that: - We note, on careful consideration of the facts of the case, the Revenue has not contested the impugned findings on any legal basis. We find that the respondent had contract for supply of complete Fuse Switch Unit comprising of three components. Only one component is manufactured by them, the other two are bought out and supplied directly to th .....

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against Revenue. - Excise Appeal No. 2062 of 2010 - Final Order No. 55210/2016 - Dated:- 23-11-2016 - Dr. Satish Chandra, President And Shri B. Ravichandran, Member (Technical) Shri G.R. Singh, Authorized Representative (DR) for the appellant None for the Respondent ORDER Per. B. Ravichandran The Revenue is in appeal against order dated 21/04/2010 of Commissioner (Appeals), Jaipur. The respondents are engaged in the manufacture of Isolators, Panel Board etc. liable to Central Excise duty. They .....

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leared by appellant to their office and thereafter to the buyers as a combined Fuse Switch Unit . The Department sought to determine the value of excisable item (metallic) by deducting purchase value of other two items (traded items) from the total value of Fuse Switch Unit . The respondent contended that there is a profit margin in the traded items which cannot be added to the assessable value of the excisable items. metallic manufactured and cleared by them. 2. We have heard learned AR for the .....

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e purchased from open market and were sent by the supplier directly to consignees. It has been alleged in the show cause notice that the appellant were required to pay duty on metallic not on stock transfer price but on the contract price or the price shown in the commercial invoice less the cost of bought out components. By not doing so they have paid less duty on metallic whereas they have sold it at higher price and hence there is short payment of duty amounting to ₹ 31,11,864/- during .....

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ute is only on the point of disallowing of deduction from the assessable value on account of profit element on the bought out items sold by them from the head office onward in as much as deduction of landed cost of the same has already been considered while demanding the differential duty. I find that the adjudicating authority has not denied the admissibility of the deductions on account of bought out items sold from their head office to consignee s place but he has disallowed the deduction of .....

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ghtening arrester. Hence sale figure includes the bought out components sold as such also. Hence profit element would also include the profit on account of manufacture & trading both and therefore total profit element in respect of all the activities has been reflected in the balance sheet. I thus hold that the deduction claimed by the appellant on account of profit element in respect of trading activity in respect of insulator & lightening arrester is required to be given from the asses .....

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