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2018 (11) TMI 456 - AT - Central Excise100% EOU - Valuation - deemed exports or not - inclusion of sales tax, insurance and freight in assessable value - benefit of N/N. 2/95-CE dated 04.01.1995 - Held that:- The facts are not in dispute; the appellant is a 100% EOU and excise duty is chargeable on products manufactured in 100% EOU in terms of proviso to Sec. 3 (1) of the Central Excise Act at the rates equal to custom duties leviable on similar products if they are imported into India. However, when the goods manufactured by them are exported, Exemption Notification No. 125/84 fully exempts the goods from payment of excise duty. The clearances in question are under this Para being supplies effected in DTA against payment in foreign exchange. It is also not in dispute that the appellant had obtained necessary permission for such clearances. These clearances are, however, not covered by either notification. As a creation of law, the Tribunal cannot go beyond the scope of the law itself nor modify it. Exemption under N/N. 2/95-CE - Held that:- Hon’ble Supreme Court of India has in the case of Virlon Textile Mills Ltd [2007 (4) TMI 6 - SUPREME COURT OF INDIA] held that this exemption notification will be applicable even when the goods are exported against foreign exchange to DTA - the appellant is entitled to the benefit of Exemption Notification No. 2/95-CE dated 04.01.1995. Appeal disposed off.
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