TMI Blog2008 (10) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... though export price of watches may be less than ₹ 500/- as observed by the Commissioner (Appeals) but not confirmed by the ld. Advocate during the hearing. Rupee is currency of India, retail price cannot be affixed on the export goods. Therefore, the exemption Notification cannot be applied to watches sold in other countries. Since Indian Government has no control over sale price in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - per piece has been fixed @ 8% ad valorem vide serial No. 7 in the table of Notification No. 10/2003, dated 1-3-2003. However, the appellant paid duty at 16% on the watches exported by them. The duty paid by them was claimed as rebate and sanctioned to them. The Revenue proposed to recover the differential rebated amount, being the difference between duty paid at 16% and 8% on the ground that ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, they cannot be compelled to pay 8% as Central Excise duty instead of 16% which they have paid. He also submits that the appellate authority has quoted chapter 8 of Supplementary Manual which has nothing to say about the issue. Ld. SDR submits that in view of the facts that the price of watches is less than Rs. 500/-, the decision of Commissioner (Appeals) has to be upheld and appellants we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government has no control over sale price in respect of exported goods, it is clear that exemption notification is inapplicable to exported goods. Whether the appellants are encashing the Cenvat credit or not is not relevant, what is relevant is to be seen whether the contention of the Revenue is legally valid and correct. We find that the appellants have correctly discharged their duty at 16% an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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