Cenvat Credit

This query is : Resolved

himanshu (Querist)
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07 December 2007 A manufacturer manufactures a product ‘C’, which is chargeable to excise duty. He avails MODVAT credit of the duty paid on the inputs, which are used in or in relation to the manufacture of product ‘C’. The product is an intermediate product and is consumed captively in the factory for manufacture of the final product. The final product is wholly exempt from the payment of duty under the Central Excise Act, 1944. While determining the assessable value under Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975 the manufacturer does not include the element of duty paid on the inputs. The reasoning advanced by the manufacturer is that since credit has been taken of the duty paid on the said inputs, the cost of manufacture automatically stands reduced to the extent. Explain with reference to decided case law if any, whether the stand taken by the manufacturer in not including the duty paid on the inputs for purposes of valuation is correct?