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2018 (8) TMI 1166 - AT - Central Excise100% EOU - CVD equal to basic excise duty payable - Under-Valuation - Ladies Knitted Brassier - Department took the view that as the values so adopted was much less than the ultimate sale price charged by distribution centre to their wholesale buyers, therefore there has been short payment to the tune of ₹ 44,36,674/- for the period April 2008 to December 2008 - N/N. 23/2003-CE dt. 31.03.2003. Exemption from CVD equal to basic excise duty payable - Held that:- The matter has been well settled by the Hon’ble Apex Court in SRF Ltd. Vs CC (Import and General), New Delhi [2015 (4) TMI 561 - SUPREME COURT] where the Hon’ble Supreme Court followed the principle laid down in Thermax Pvt. Ltd. [1992 (8) TMI 156 - SUPREME COURT OF INDIA] namely for the purpose of attracting additional duty under Section 3 on the import of a manufactured or produced article the actual manufacture or production of a like article in India is not necessary. For quantification of additional duty in such a case, it has to be imagined that the article imported had been manufactured or produced in India and then to see what amount of excise duty was leviable thereon - the respondents herein would very well be eligible for Nil CVD in view of Notification No.30/2004- CE. Valuation of goods - scope of SCN - Held that:- Since the SCN has not invoked Rule 7 of the Customs Valuation Rules, the confirmation of the alleged differential duty value on the basis of deductive value i.e. Rule 7 of the said Rules would be travelling beyond the scope of the said SCN. Appeal dismissed - decided against Revenue.
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