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Issues: (i) Whether excise duty paid on raw materials, where Modvat credit was availed, forms part of the cost of production for valuation of excisable products; (ii) whether, and to what extent, the profit earned by the job worker is to be included in the assessable value.
Issue (i): Whether excise duty paid on raw materials, where Modvat credit was availed, forms part of the cost of production for valuation of excisable products.
Analysis: The governing principle laid down in the earlier decision on valuation of excisable goods was applied. Where duty on inputs has been taken credit of under Modvat, such duty is not to be loaded into the cost of production of the final excisable product.
Conclusion: The excise duty paid on Modvatted raw materials is not includible in the cost of production.
Issue (ii): Whether, and to what extent, the profit earned by the job worker is to be included in the assessable value.
Analysis: The valuation of job-worked goods was held to depend on the value of the raw material, the value of the job work done, the manufacturing profit, and the processing expenses. The job worker's profit is therefore relevant to the extent indicated in the governing valuation formula.
Conclusion: The job worker's profit is includible to the extent required in the valuation computation along with raw material value, job-work charges, and processing expenses.
Final Conclusion: The valuation dispute was resolved by applying the settled principles governing excisable value, resulting in partial relief on the inclusion of Modvat-related duty and clarification on inclusion of job-worker profit.
Ratio Decidendi: For valuation of excisable goods, duty on inputs covered by Modvat credit is excluded from production cost, and job-work valuation must include the value of raw materials, processing charges, manufacturing profit, and relevant expenses.