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2017 (4) TMI 842 - CESTAT NEW DELHI

2017 (4) TMI 842 - CESTAT NEW DELHI - TMI - 100% EOU - valuation - clearance of goods from 100% EOU Unit to DTA - Revenue was of the view that the cost of copper and brass ingots cleared by the appellant are less than the value of the scrap prevailing in the market during the point of time - Held that: - the issue is covered by the judgment and order of this Tribunal in the case of Indo Micronutrients Pvt. Ltd. [2017 (3) TMI 650 - CESTAT NEW DELHI], where it was held that a comparison cannot be .....

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dated 30.12.2009. 2. Heard both the sides and perused the records. 3. On perusal of the records, we find that the issue in this case is regarding the value of the goods cleared by the appellant form his 100% EOU Unit to DTA and the duty liability thereon. Appellant is an 100% EOU and manufactures copper and brass ingots from the scrap purchased, as an EOU. Whenever clearances are affected by the appellant to DTA, the duty liability is discharged on transaction value, which according to the Depa .....

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case of Indo Micronutrients Pvt. Ltd. Vs. CCE Indore in Appeal No.E/2177/2008 wherein the Bench vide final order no.50781/2017 dated 09.02.2017 on an identical set of facts allowed the appeal of the assessee. 6. Ld. DR reiterates the findings of the lower authorities. 7. As correctly pointed out by the Ld. Counsel that the issue is regarding the value to be adopted for the clearances, effected to DTA from the 100% EOU. We find that the claim of the Ld. Counsel that the issue is covered by the j .....

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le. However, the original authority recorded that in respect of copper ingots, the price declared by the appellant is much lower than the price of copper ingots mentioned in LME list. We find the price mentioned in LME list cannot be automatically compared to that of sale in domestic market. Further, it is also not recorded whether the copper ingot, price for which was listed in LME is comparable to the copper ingots manufactured and cleared by the appellant. Admittedly, the appellants are manuf .....

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t tariff value, the brass ingot price for domestic market was arrived at. We find no legal reason to support such calculation. First of all, it is to be noted that the tariff value for this scrap is fixed for determining customs duty on import. This is not to be considered automatically as the cost of raw material suffered by the importer. The original authority erroneously recorded that the value of goods produced cannot be below the cost spent on the raw material. The tariff value fixed for ra .....

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