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2003 (7) TMI 215

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..... stion. The method of valuation of goods produced on job work basis. 2. The appellants manufacture 'Wool Tops' on job work basis out of raw wool received from parties for whom the job work is undertaken. They worked out the assessable value (for Central Excise purposes) of wool tops as the aggregate of the cost of raw material and their job work charges and paid duty on the basis of such assessab .....

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..... consumed by the assessee himself or on his behalf by somebody else. There could be no argument that this rule has any relevance to the present case. Learned Counsel for the appellants has also pointed out that the valuation carried out under the impugned orders is contrary to the clarification issued by the Central Board of Excise and Customs vide Circular No. 619/10/2002-CX., dated 19-2-2002. Par .....

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..... ). The assessable value in such cases will not include the profit or the expenses like advertisement and publicity, overheads etc.) incurred by the buyer (or the supplier of the raw materials), where the dealing between the two are on principal-to-principal basis. The mere fact that the buyer is supplying some raw materials free of cost to the job worker, will not be sufficient ground to contend t .....

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..... ule 6 read with the above two decisions of the Apex Court." 3. It is clear from the above two paras of the Circular that goods produced on job work basis are required to be valued according to the rule laid down by the Apex Court's judgment in the case of Ujagar Prints Ltd. - [1989 (39) E.L.T. 493 (S.C.)] even after 1-7-2000. The original valuation and payment of duty took place according to the .....

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