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2016 (12) TMI 788

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..... ded. We find that job charges of ₹ 103/- per kg. added which as per the agreement between the appellant and the principal supplier of the raw material - it is clear that the job charges is ₹ 103/- per kg., therefore there is no reason to take the job charges as ₹ 109/- per kg. In view of the above facts, it is very clear that the entire basis for rejecting the value declared by the appellant is factually incorrect. We, therefore, find that the valuation was done by the appellant and certified by the Chartered Accountant in the above referred certificate is correct. Accordingly, the impugned order does not survive, hence the same is set aside - appeal allowed - decided in favor of appellant-assessee. - Appeal No.E/3237/06 .....

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..... kg. whereas vide appellants letter dt. 10.5.2000, the job charges is ₹ 109/- per kg., therefore the Chartered Accountant certificate was rightly rejected. Being aggrieved by the impugned order, the appellant is before us. 2. Shri Vinay Ansurkar, Ld. Counsel for the appellant submits that there is no dispute that the valuation of job work goods manufactured by the appellant is governed by the principle laid down by the Hon ble Supreme Court in the case of Ujagar Prints (supra). According to which the valuation should be done on the basis of cost of raw material + job charges including the profit of the job worker. He submits that as per the Chartered Accountant certificate the cost of DEO and packing material was included, the .....

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..... asis of various information explanation given to me, I hereby certify that Cost of production of Sulpharmelhoxazole (SMX) is as follows. S.r Particulars Consumption of RM per SMX Rate Rs. Cost per Kg. of SMX 01 Methanol 0.9200 10.00 9.20 02. Caustic soda flakes 0.3360 10.00 3.36 03. Oxalic Acid 1.0700 19.50 20.87 04. TOLUENE 0.1100 16.45 .....

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..... 71.40 0.50 18. Sodium Hydrosulphite 0.0030 92.00 0.28 19. DEO 1.1000 7.56 8.32 20. Packing. Material 3.75 21. Out ward Freight 1.00 22. Job Charges 103.00 TOTAL .....

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