TMI Blog2006 (4) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. [Order per : K.K. Agarwal, Member (T)]. The respondents are registered as a 100% E.O.U. and engaged in the manufacture and clearance of phthalic anhydride falling under Chapter 29 of Central Excise Tariff Act, 1985. After getting permission from the Development Commissioner for clearance of the excisable goods into Domestic Tariff Area, they approached the Customs authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relevant time and the actual value realised in the local market is not relevant for the purpose of determination of value under Section 14 of Customs Act, 1962, when the prices at the relevant time and place of importation are available in respect of identical goods. This order of the Assistant Commissioner was upheld by Commissioner (Appeals). 2. The learned S.D.R. submits that price in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the value at the time of importation of identical goods. 3. We have considered the submissions, we find that in case of 100% E.O.U. under Section 3 of the Central Excise Act, 1944 the excisable goods produced or manufactured in 100% E.O.U. are liable to such excise duty in an amount equal to 50% of the aggregate of duties of custom which would be leviable under Section 12 of Customs Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l course. Since in the present case import price of identical goods is available which is also certified by the Assistant Commissioner (Customs), there was no need of arriving the international price by allowing deduction from the domestic price. Even otherwise once the element of profit taxes is deducted from the domestic price it will be nothing but import price of identical goods as a profit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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