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2017 (2) TMI 148 - AT - Central ExciseValuation - goods cleared for export, and not exported - appellant have discharged duty on the lower price than the price declared in the AR4 - Held that: - value of the goods which was meant for export was declared in AR4. The appellant have cleared the goods for export under bond and as per the terms of the bond duty confirmed is required to be recovered if the goods are not exported, therefore applying the terms of the bond the only duty which is payable on the price declared on the AR4 is recoverable. The price at which the goods were actually sold by the appellant cannot be considered as correct price for the purpose of discharging the excise duty - the adjudicating authority have applied the price of ₹ 6000 PMT however no basis of price was given. The said price is arbitrary and cannot be accepted. The appellant is required to discharge the duty on the price declared in the AR4 and not on the value as applied by the department in the adjudication order i.e. ₹ 6000 PMT - the demand is required to be re-quantified - appeal disposed off - decided partly in favor of appellant.
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