https://www.taxtmi.com/caselaws?id=54138 The Appellate Tribunal CESTAT, Mumbai, ruled in favor of the appellants in a case concerning the valuation of Aluminium scrap and duty payment. The Tribunal found that there was no mens rea on the part of the appellants to misdeclare, as they could have avoided duty payment by sending the scrap directly to the job worker. The Tribunal highlighted that there was no revenue loss and that the undervalued scrap should have prompted a challenge to the strip valuation at the job worker's end. The Tribunal applied a Supreme Court formula to determine the value and directed that the demand should fall on the job worker if the sale was on a principal-to-principal basis. The Tribunal set aside the lower authority's orders and allowed the appeal. en-us Mon, 20 Jun 2005 00:00:00 +0530 Mon, 18 Oct 2010 11:47:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54138 The Appellate Tribunal CESTAT, Mumbai, ruled in favor of the appellants in a case concerning the valuation of Aluminium scrap and duty payment. The Tribunal found that there was no mens rea on the part of the appellants to misdeclare, as they could have avoided duty payment by sending the scrap directly to the job worker. The Tribunal highlighted that there was no revenue loss and that the undervalued scrap should have prompted a challenge to the strip valuation at the job worker's end. The Tribunal applied a Supreme Court formula to determine the value and directed that the demand should fall on the job worker if the sale was on a principal-to-principal basis. The Tribunal set aside the lower authority's orders and allowed the appeal. Case-Laws Central Excise Mon, 20 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54138