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2005 (10) TMI 316

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..... er : Moheb Ali M., Member (T)]. The appellant is a manufacturer of man-made cotton fabrics. He processes grey fabrics on job work basis. The processed fabrics are valued on the basis of the formula laid down by the Supreme Court in the case of Ujagar Prints v. UOI - 1989 (39) E.L.T. 493 (S.C.), that is, the cost of raw material plus job charge. During the process of manufacture, defective fa .....

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..... ave to be determined under the best judgment method envisaged in Rule 7 of the erstwhile Central Excise Valuation Rules. The appellant thought that the value of cut pieces could be determined on the basis of value of first quality goods. This method falls under best judgment method under Rule 7 according to the appellant. He argued that the Assistant Commissioner examined the fabrics in question a .....

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..... rent from the one which is used for arriving at the value of first quality fabrics. We also notice that all the elements that go into the manufacture of first quality fabrics do go in the manufacture of cut pieces. The appellant s attempt to determine the value of cut pieces at a lower price is based on the price of cut pieces fetch in the market. Such a basis cannot be adopted for goods manufactu .....

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