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2018 (12) TMI 7

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..... ce it has been determined that the job workers are the manufacturers, the assessable value of the goods would be a sum total of cost of raw material, labour charges and profit of the job workers, as per circular No.619/10/2002-CX dated 19th February, 2002. The matter remanded back to the adjudicating authority to reconsider the issue afresh after following principles of natural justice. - Appe .....

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..... The valuation adopted by the appellant was contested by the revenue on the ground that the discounts which are offered by M/s Uni-Sankyo Ltd could not be considered by the appellant as a deduction for discharging Central Excise duty as there was no evidence put forth as to the discount has been passed on to the ultimate customer or otherwise. Appellant is contesting the show cause notice on the al .....

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..... by them is in excess if it is calculated in accordance with the Apex Court s decision. 6. Learned departmental representative reiterates the findings of the first appellate authority. On perusal of records, we find that the issue is rightly contested by both sides. We find that valuation of P or P medicaments manufactured by loan licensee/ job worker is now settled by the Apex Court in the cas .....

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..... io of the case of Ujagar Prints. Learned counsel produces Cost Accountant s certificate in respect of the goods manufactured by them during the period in question, but fairly submits that this certificate was not produced before the lower authorities. In our view, the law is very clear as to the valuation of the goods manufactured by the appellant on the loan licensee and law needs to be applied. .....

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