2005 (3) TMI 132

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....ant is a job worker manufacturing  floor plates assemblies for TELCO. These floor plate assemblies are used by TELCO in the manufacture of  excavators. TELCO made available several inputs to the appellant for the purpose of manufacture of the assemblies on which credit had been taken by TELCO. The appellant used TELCO's inputs as well as its own inputs in manufacturing the assemblies. It....

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....ntal Authorities on the basis of the decision of this Court in Burn Standard Company Ltd. and another v. Union of India  - 1992 (60) E.L.T. 671 = 1991 (3) SCC 467 but reduced the penalty to Rs. 25,000/-. 5.Before us learned Counsel appearing on behalf of the appellant has submitted that the entire transaction between the TELCO and the appellant was covered by Rule 57F(2)(b) of the Central ....

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....ppellant, (the intermediate purchaser) is concerned, it is not liable to pay duty on the inputs supplied by TELCO since it had not taken the credit for the Modvat in respect of inputs. It is submitted that it cannot be called upon to pay the duty in respect of those inputs nor can the value of the inputs be added to the excisable value of the assemblies. 6.We are of the view that the submission....

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....ld that the value of the free inputs were to be included in the final product. In that case, the final product was wagons and the question was whether the items which were supplied free by the Railway Board to the assessee could be included in the value of the wagons. This Court came to the conclusion that it could. The first distinguishable feature is that this Court in that case was neither conc....