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TMI Blog2017 (4) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 4(i)(a) therefore value u/s 4(i)(a) cannot be influenced by any other factor. The proposal of the department to add differential cost of raw material is only permissible if the appellant adopt the valuation as per principle laid down in case of Ujagar Print, which is not the case here. Therefore addition of any amount in the present case differential cost of raw material is not permissible - Appeal allowed - decided in favor of appellant. - E/2050/06 - A/86345/17/EB - Dated:- 15-3-2017 - Mr Ramesh Nair, Member(Judicial) And Mr. Raju, Member (Technical) Shri. Vinay Sejpal, Advocate for the Appellants Shri. V.K. Agarwal, Addl. Commissioner(A.R.) for the Respondent Per : Ramesh Nair The appellant are manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under their instructions for which they were declaring TISCO's selling price as assessable value and duty was paid on behalf of TISCO. As regard the manufacture and clearances of the goods manufactured on job work basis for M/s. TISCO, M/s. TISCO authorized appellant under provisions of Notification No.27/92(NT) dated 9-10-1992 to follow excise procedure on M/s. TISCO's behalf and also undertake to declare their sale price for determining assessable value and to enable appellant to pay duty on behalf of the M/s. TISCO. The case of the department is that value of such goods should have been determined by cost construction method, the appellant suppressed the fact about increase in cost of raw material. Accordingly correct assessa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rice of the goods at which M/s. TISCO has sold the goods in the open market. There is specific provisions by Notification No.27/92(NT) that in case of job work, there is an option that the principle manufacturer may authorized the appellant to adopt sale price of the principle manufacturer for the purpose of discharging excise duty. In such case, sale price of the principle manufacturer is provided to the assesse and the assesse can discharged the excise duty on such sale price. In other provision of the job work which is governed by Ujagar Print citation, if the provision of Notification No.27/92(NT) is not authorized this valuation should be adopted on the basis of cost construction method i.e. raw material cost plus job charges (includin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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