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TMI Blog2011 (3) TMI 1179X X X X Extracts X X X X X X X X Extracts X X X X ..... red accountant in respect of valuation of normal price, certificate points out the freight charges incurred by AEL for getting material from BAL to AEL as well as loading and unloading charges consumables overheads and profits this certificate was not produced by the appellants before this Tribunal as well as before the adjudicating authority - matter is remanded back to the adjudicating authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the matter for recalculation of the demands agreeing with the submissions of the appellants that excise paid on inputs in respect of which modvat credit is taken cannot be included in the cost of raw material. The said order was challenged by the appellants before the Hon'ble Apex Court in civil appeal no. 2694/06 along with civil appeal no. 2420, 2693, 2691/03. The Hon'ble apex Court after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate issued by the chartered accountant in respect of valuation of normal price of magneto manufactured and sold by AEL to BAL in wholesale which was in support of costing. The said certificate points out the freight charges incurred by AEL for getting material from BAL to AEL as well as loading and unloading charges consumables overheads and profits. If such payment was made then whole premis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellants issue by their chartered accountant to determine the actual excisable value. In view of the above observation, we do not feel that senior advocate is required to argue the matter. Therefore, the request for adjournment is turned down and the matter is remanded back to the adjudicating authority to decide the issue afresh, keeping all issues open, after considering the certificate iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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