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Ispat Industries Ltd. Versus Commissioner of Central Excise, Raigad

2017 (2) TMI 148 - CESTAT MUMBAI

Valuation - goods cleared for export, and not exported - appellant have discharged duty on the lower price than the price declared in the AR4 - Held that: - value of the goods which was meant for export was declared in AR4. The appellant have cleared the goods for export under bond and as per the terms of the bond duty confirmed is required to be recovered if the goods are not exported, therefore applying the terms of the bond the only duty which is payable on the price declared on the AR4 is re .....

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00 PMT - the demand is required to be re-quantified - appeal disposed off - decided partly in favor of appellant. - E/2272/05 - A/85121/17/EB - Dated:- 3-1-2017 - Mr Ramesh Nair, Member(Judicial) And Mr. Raju, Member (Technical) Shri. Vishal Agarwal, Advocate for the Appellants Shri. V.K. Agarwal, Addl. Commissioner(A.R.) for the Respondent Per : Ramesh Nair The appellant have cleared the goods for exports to the port however, due to cancelation of the order the goods could not be exported out .....

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e adjudicating authority confirmed the demand taking the value @ ₹ 6000 PMT. Being aggrieved by the Order-in-Original appellant is before us. 2. Shri. Vishal Agarwal, Ld. Counsel for the appellant submits that goods were cleared under bond alongwith AR4 without payment of duty. However clearance value of the goods was declared in AR4. He submits that value at the time of clearances of the goods is clearly mentioned in AR4. As per the bond executed by the appellant, the duty confirmation on .....

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of selling of such goods therefore to that extent no demand should have been raised and confirmed. He placed reliance on the following judgments: (a) J.K. Papers Ltd Vs. Commissioner of Central Excise, Surat-I[2003(157) ELT 184(Tri. Del.)] (b) Rajasthan Spinning & Weaving Mills Ltd Vs. Commissioner of Central Excise, Jaipur-II[2000(121) ELT 790(Tri.)] (c) Nowrosjee Wadia & Sons Ltd Vs. Commr. Of Cus., & C. Ex. Mumbai-II[2005(192) ELT 1064(Tri. Mum)] 3. Shri. V.K. Agarwal, Ld. Addl. C .....

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