Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the assessable value of goods manufactured on job work basis for the principal manufacturer was to be determined on the basis of the principal's depot sale price, or on the basis of the cost of raw material plus job charges and job worker's profit, and whether the duty demand required fresh determination of value.
Analysis: The goods were manufactured on job work basis from raw material supplied by the principal and were cleared to the principal's depots or customers as directed by the principal. In such a case, the assessable value is governed by the principle laid down in Ujjagar Prints, namely cost of raw materials at the job-worker's premises plus job charges plus the job worker's profit. The principal's sale price can be adopted only where the job-worker and the owner are related persons, and no such allegation existed here. Since duty had been paid on the principal's ex-factory price instead of the correct assessable value, the valuation required fresh determination.
Conclusion: The depot sale price of the principal could not be adopted as the assessable value, and the matter had to be remanded for re-determination of value in accordance with the Ujjagar Prints principle.
Final Conclusion: The valuation adopted in the impugned order was unsustainable, and the dispute was sent back to the original authority for fresh assessment on the correct job-work basis.
Ratio Decidendi: For goods manufactured on job work basis, assessable value is ordinarily the cost of raw materials plus job charges plus job worker's profit, and the owner's sale price is not the basis unless the parties are related.