9911796707
TMI Blog2017 (4) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... at what value the goods have been exported by the merchant exporter. Even if value of merchant exporter is adopted the said value which will be obviously more than value arrived at on job work basis - the deemed credit which is attributed the valuation of the job work goods cannot be disputed - appeal allowed - decided in favor of assessee. - E/1124/06 - A/86296/17/EB - Dated:- 8-3-2017 - Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39) ELT 493(SC)] and M/s. Pawan Biscuits Co. Pvt Ltd[2000(120) ELT 24(SC] . Accordingly, it was held that appellant have overvalued the goods and accordingly availed excess deemed credit which is attributed to the overvaluation of job work goods. The Commissioner(Appeals) also taken the same view and rejected the appeal, therefore appellant is before us. 2. Shri. R.V. Shetty, Ld. Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t important shrinkages should be included in the cost. This circular was not withdrawn by the department, accordingly, view taken by the lower authorities against their own circular dated 23-3-1994 is not correct. 3. On the other hand, Shri. Ashutosh Nath, Ld. Asstt. Commissioner(A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork basis is also acceptable for the purpose of the clearance of the export goods, therefore we do not find any substance to support the allegation of over valuation of the job work goods therefore the deemed credit which is attributed the valuation of the job work goods cannot be disputed. As per our above discussion, the impugned order is set aside, appeal is allowed. (Pronounced in court on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
