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2010 (3) TMI 792 - HC - Central ExciseCENVAT credit - 100% Export Oriented Unit (EOU) - Rule 3 of the Rules - Notification No. 2/95-C.E., dated 4-1-95 - Revenue want to restrict the availment of Modvat credit to the components of additional duty of customs paid under Section 3 of the Customs Tariff Act, by bringing the fiction that 100% E.O.U. is a place which is not in India and the sale therefrom within India is akin to import into India. We do not find any substance in this view of the Revenue - If the additional duty is less than the actual duty paid on the inputs cleared from 100% EOU, the manufacturer in India shall be eligible only for the credit equivalent to the additional customs duty - The excise duty is to be calculated at the rate of 50% of each of the duty of customs leviable on the like goods produced or manufactured outside India - Since the actual amount of additional duty paid by the respondent has not been brought on record the method adopted by Commissioner (Appeals) appears to be proper and reasonable - Appeal is dismissed
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