TMI Blog2014 (2) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... m Policy has to be included while calculating NFE. It is further observed from Para 6.9 of the Exim Policy, effective from 1.4.2006, that Clause 6.9(b) relied upon by the Adjudicating Authority was deleted and did not exist during the period under dispute. No other contrary provision was brought to the knowledge of the Bench to the effect that such DTA sales under Advance Authorisation Scheme are not to be considered for the purpose of calculating NFE. Even the concerned monitoring agency of Development Commission, KSEZ, Gandhiham vide Final Exit Order dated 25.1.2011, issued from F No. KASEZ/100%EOU/II/62/05-06/3390 has finally allowed exit from the 100% Scheme approved under the LOP No. ESEZ/100% EOU/II/62/05-06 dated 21.4.2006 - Decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority of Kandla Special Economic Zone under F. No. KASEZ/100%EOU/II/62/05-06 for the concerned Letter of Permission for the relevant period. It was his case that the Adjudicating Authority has wrongly relied upon the provisions of Para 6.9(b) of the Foreign Trade Policy which stood deleted from the policy during the relevant period under these proceedings. He also made the Bench go through Annexure-I of the guidelines prescribed by the appropriate authority to the effect that value of exports made under Para 6.9 of Chapter-6 of the Exim Policy has to be included for the purpose of calculating Net Foreign Exchange (NFE). 4. Shri P N Sarvaiya (AR) appearing on behalf of the Revenue defended the Order passed by the Original Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supplies made under para 6.9 of the Chapter-6 of the Exim Policy and Paras 7.16.1 to 7.16.2 of the Chapter 7 of the Handbook of Procedures (Vol. - 1). (5) Value of Exports: While calculating value of exports, DTA sale made during the year are not to be accounted for. However, supplies made in accordance with para 6.9 of the Chapter 6 of the Exim Policy paras 7.16.1 to 7.16.2 of the Chapter 7 of the Hand Book of Procedures (Vol.-I) will be taken into consideration for calculation of NFE." 6. It is evident from the above provisions/procedures prescribed that supplies made under Para 6.9 of Chapter-6 of the Exim Policy has to be included while calculating NFE. It is further observed from Para 6.9 of the Exim Policy, effective from 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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