TMI Blog2019 (6) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... ISE CUSTOMS VERSUS MDS SWITCHGEAR LTD. [ 2008 (8) TMI 37 - SUPREME COURT] laying down the principle that value of the raw material declared by the principal manufacturer cannot be questioned in the hands of the receiver unless there is allegation of connivance or collusion between the raw material supplier and receiver of the same is established. In the present case, no such allegation is forthcoming. Also, no proceeding has been initiated against the principal manufacturer who supplied the copper scrap for job-work to the respondent alleging undervaluation of the scrap. Upward revision of price cannot be done - appeal dismissed - decided against Revenue. - Excise Appeal No. 794 of 2011, Excise Cross Objection No. 40 of 2011 - A/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the learned AR for the Revenue has submitted that the price of the copper scrap as declared by the principal manufacturer and considered by the respondent is incorrect as the price of copper scrap sold by the dealers were much higher. He submits that the learned Commissioner did not take into consideration the comparative price of the scrap in arriving at the value of the copper scrap in the hands of the respondent while ascertaining the assessable value of the job-worked goods. 4. Learned C.A. Shri S.S. Gupta for the respondent submits that the value declared by the principal manufacturer of the copper scrap on which duty has been paid and the respondent availed CENVAT Credit on the same was considered for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle that value of the raw material declared by the principal manufacturer cannot be questioned in the hands of the receiver unless there is allegation of connivance or collusion between the raw material supplier and receiver of the same is established. In the present case, no such allegation is forthcoming. Also, no proceeding has been initiated against the principal manufacturer who supplied the copper scrap for job-work to the respondent alleging undervaluation of the scrap. In these circumstances, we do not find justification to interfere with the findings of the adjudicating authority. Hence, the impugned order is upheld and Revenue s appeal being devoid of merit is dismissed. (Dictated and pronounced in open cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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