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2015 (12) TMI 1259 - CESTAT MUMBAI

2015 (12) TMI 1259 - CESTAT MUMBAI - TMI - Valuation of the goods cleared in DTA - Held that:- Decisions in these cases were based upon the Tribunal's decision in the case of Morarjee Brembana Ltd. vs. Commissioner of Central Excise, Nagpur [2003 (2) TMI 100 - CEGAT, MUMBAI]. The department has also filed Civil Appeal against the said order of the Tribunal before the honble Supreme Court. The Honble Supreme Court vide order [2015 (4) TMI 354 - SUPREME COURT] has decided the appeal of Morarjee Br .....

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Phthalic Anhydride. In addition to export, they are clearing a part of the goods produced in Domestic Tariff Area (DTA). The issue is relating to valuation of the goods cleared in DTA. 2. Revenue's contention is that the transaction value between the appellant-assessee and the customers will be the assessable value. The appellant-assessee, on the other hand, submits that the value for assessment purpose will be the CIF value of similar goods being imported into India and the said CIF values .....

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. The department has also filed Civil Appeal against the said order of the Tribunal before the honble Supreme Court. The Honble Supreme Court vide order dated 01/04/2015 reported in 2015-TIOL-62-SC-CX has decided the appeal of Morarjee Brembana Ltd. In the same order, the honble Supreme Court has dismissed the Revenue's appeals filed in their own case, i.e. Civil Appeal No. 9178/ 2003 and 288/2007. 4. The learned Additional Commissioner (AR) reiterates the findings in the impugned order and .....

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ourt in the case of Morarjee Brembana Ltd. (supra) in para 9, 10 and 11 has observed as under: "9. Mr. Radhakrishnan has, however questioned the aforesaid view of the Tribunal and argued that since the respondent is hundred per cent export oriented unit, any sale or clearance of cotton fabric by the respondent to DTA should be treated as transaction sale and therefore Rule 4 would be applicable. However, this argument has to be rejected in view of proviso to Section 3 of the Central Excise .....

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excise which shall be levied and collected on any excisable goods which are produced or manufactured.- (i) In a free trade zone and brought to any other place in India; or (ii) By a hundred per cent export-oriented undertaking and allowed to be sold in India; Shall be an amount equal to the aggregate of the duties of customs which would be leviable under section 12 of the Customs Act, 1962 (52 of 1962) on like goods produced or manufactured outside India if imported into Indie, and where the sa .....

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