9911796707
TMI Blog2015 (10) TMI 1685X X X X Extracts X X X X X X X X Extracts X X X X ..... d hence will form part of the job-work. Accordingly, we hold that the difference in price of LDPE and LLDPE is required to be added for computation of the assessable value. - When the disputed period is 01/01/1998 to 31/03/1998 there is no reason to taken into account the value of LLDPE for the earlier or subsequent period. Either the appellant has to provide one-to-one co-relation of each consignment used in the manufacture of the goods or the average value during the period of three months required to be added. Since on-to-one co-relation of the value are not available, we order that the method adopted by the Revenue is correct and accordingly the value computed as also the turnover for the year 1997-98 is correct and the appellant will n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the value of the two items i.e.. LDPE and LLDPE is nothing but additional consideration and therefore, the same is required to be added in the valuation of the final product i.e. polyfilm. If the said additional consideration is added in the value of the goods manufactured during the period 1997-98, the turnover of the appellant exceeds ₹ 3 crore and benefit of Notification No. 38/97-CE dated 27/06/1997 and Notification No. 9/98-CE dated 02/06/1998 will not be available to the appellant during the subsequent period i.e. 1998-99. 3. The learned counsel for the appellant submits that the Revenue has taken the value of LDPE prevailing during the period January to March, 1998 while they have requested for taking into consideration t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s detained by the appellant. Since the prices of LDPE and LLDPE are different and LDPE is comparatively costly material the difference in value has to be taken as additional consideration and hence will form part of the job-work. Accordingly, we hold that the difference in price of LDPE and LLDPE is required to be added for computation of the assessable value. 6. The next contention of the appellant is that the average value of LLDPE for the whole financial year i.e. from 01/04/1997 to 31/03/1998 should be taken into account. Revenue's contention is that the clearances are during the period 01/01/1998 to 31/03/1998 and therefore, the average value of LLDPE for these three months should only be taken into account. We find force in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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