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2016 (12) TMI 990 - CESTAT MUMBAI

2016 (12) TMI 990 - CESTAT MUMBAI - TMI - Valuation - non-inclusion of value of shrinkage - Held that: - if the claim of the appellant that they have already included a value which need not be included, is true, then the addition of value of shrinkage to the tune of 2.4% is uncalled for in these facts - to ascertain the fact that the appellant has included more value than it is due, only for limited purpose we remit the matter back to the lower authorities - appeal allowed by way of remand. - Ap .....

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ppeal is regarding non-inclusion of value of shrinkage for discharging the Central Excise duty by the appellant for the period 1992 to March 1995, differentia! duty was demanded based on the finding that in an annual stock taking exercise on 16/2/1905 it was noticed that the actual shrinkage of the processed fabrics was 6.4% while appellant had included only 4% for arriving at the cost of raw material. We find from the records that the show cause notice is issued on 13/9/2006 by invoking extende .....

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were indicating the assessable value as cost of raw material + job charges+ 10% of cost of raw material plus job charges. it is her submission that this factual submission is not controverted to by the lower authorities. She would submit that the Apex Court in the case of Ujagar Prints 1989 (39) ELT 493 has settled the law as to assessable value in the hands of job worker shall be of raw materials plus job charges. It is her submission that the additional amount considered by them as 10% of raw .....

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ent of Apex Court in the case of Continental Foundation Joint-Venture 2007 (216) ELT 177 for the proposition that ET mere omission and various circulars and decisions holding a particular view during the material period if followed, it cannot be considered as mis-statement or suppression. 5. Learned departmental representative would that for discharging duty liability by the job processor, the assessable value should be the value of pre-shrunk fabrics and the job charges. In the case in hand, un .....

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the revenue that the value considered for arriving at the assessable value to be included with the value of pre-shrunk fabrics to the extent of 2.4 % which. was not included while it is the case of tile appellant assessable value on which duty is paid is more the vague as is sought to be applied. 8. We that has taking a consistent stand before the lower authorities that assessable worked by them would take care of the value which is sought to be included in the impugned orders. We note that the .....

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