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TMI Blog2018 (8) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... was correct in relying upon the agreement executed by the respondent (PD) for manufacturing of P or P Medicaments on principal to principal basis, in discharging the Central Excise duty on the value which is arrived based upon cost of production (+) profit margin as is decided by the Apex Court in the case of Pawan Biscuits [1991 (1) TMI 249 - CEGAT, NEW DELHI] - the impugned order is correct and legal - appeal dismissed - decided against appellant. - Appeal No. E/767/2008 - A/30793/2018 - Dated:- 18-7-2018 - Mr. M.V. RAVINDRAN, MEMBER (JUDICIAL) And Mr. P.V. SUBBA RAO, MEMBER (TECHNICAL) Smt B.V. Siva Naga Kumari, Commissioner/AR for the Appellant. None for the Respondent. ORDER [Order per: M.V. Ravindran] 1. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner submits that the adjudicating authority erred in holding that the respondent is a job worker and provisions of Rule 11 r/w Rule 6 of Valuation Rules are applicable, following the judgment of Hon ble Supreme Court in the case of Ujagar Prints and Pawan Biscuits. It is her submission that the respondent herein himself has contended that he is not a job worker. It is her submission that differential duty on the Medicaments is correctly demanded by adopting assessable value of PD and while arriving at the valuation, additional consideration in form of free supply of raw-material, machinery, knowhow, labels, cost of designs, cartons and foils received from PD was not included as per the statement of MD of the respondent. It is her s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supplied free of cost. As per the documents, M/s GLL paid M/s PD ₹ 2,45,91,621/- towards supply of raw materials, packing materials and ₹ 1,03,93,429/- (including central excise duty of ₹ 19,93,682/-) for the plant and machinery transferred. As seen from the Central Excise invoice, M/s PD adopted more value for the machinery, when compared to the depreciated value of ₹ 1,03,93,429/- actually paid by M/s GLL. From the documentary evidence it is evident that M/s GLL have purchased the machinery, raw material packing material and as such there was no free supply of the goods from M/s PD. 8. It is the contention of the Learned Commissioner (AR) that the debit notes have been raised subsequently on the investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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