Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 848 - AT - Central ExciseExport price of yarn to Norway and Dubai to arrive at the assessable value rejected - Held that:- The value of sale of yarn to independent buyers for export has been rejected solely on the ground that the said sales to unrelated buyers to DTA for subsequent period covered by the show-cause notice. For the purpose of rejecting the export price of yarn to Norway and Dubai, it has been said that the export price are for Dubai and Norway, which is not relevant to goods imported to India. These observations run contrary to the circular of the CBE&C. The circular specifically mentions that the export price of the similar/identical commodity would be a relevant factor in determining the clearance to DTA. It is seen that the Commissioner (Appeals) order runs contrary to the Circular of CBE&C. The order of Commissioner (Appeals) is set aside and the matter is remanded to the Commissioner (Appeals) to re-adjudicate the matter in light of Circular of CBE&C without ignoring the export price of yarn.
|