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TMI Blog2018 (2) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent Per: Raju 1. This appeal has been filed by M/s.Unique Pharmaceutical Laboratories against confirmation of demand of duty, interest and imposition of penalty. 2. Ld. Counsel for the appellant pointed out that they were manufacturing goods on behalf of the loan licensee on job work basis. The appellants were claiming quantity discount while paying excise duty. For the purpose of valuati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Hon,ble Apex Court in the case of Ujagar Prints (supra). In identical circumstances, the Tribunal in the case of Atul Painters - 2005 (188) ELT 483 (Tri-Mum) has observed as follows: 2. After hearing both sides and considering the issue involved and the fact that it is an undisputed position that the appellants are job workers for M/s. Asian Paints and by no stretch of interpretation, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the costing formula, as per the Constitutional Bench's decision in Ujjagar Prints has not been breached and or duty is less/short paid as per that formula is not brought on record. 4. Revenue should bring out the fact of grant of the discount led to lowering the assessable value than as per the Ujjagar Prints formula. That being not on record, the appeal is therefore allowed, after setting asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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