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TMI Blog2018 (7) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 14 the value of the identical goods sold by the appellant to the independent buyers shall be taken as assessable value for the purpose of charging duty by the 100%% EOU. 2. Shri J. Madhusuthanan, Ld. Counsel appearing on behalf of the appellant at the outset submits that the Hon'ble Supreme Court in the case of Nestle India Ltd. Vs. Commissioner of Central Excise - 2015 (326) ELT 226 (S.C.) held that the goods manufactured and cleared by 100% EOU, the valuation should be done as per the Central Excise Act, 1944. 3. Shri L. Patra, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings in the impugned order. He submits that the valuation of the goods manufactured by 100 % EOU and cleared in DTA shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Provided that the duties of excise which shall be levied and collected on any excisable goods which are produced or manufactured:- (i) In a free trade zone or a special economic zone and brought to any other place in India; or (ii) by a hundred per cent export-oriented undertaking and brought to any other place in India, shall be an amount equal to the aggregate of the duties of customs which would be leviable under the Customs Act, 1962 (52 of 1962) or any other law for the time being in force, on like goods produced or manufactured outside India if imported into India, and where the said duties of customs are chargeable by reference to their value; the value of such excisable goods shall, notwithstanding anything contained in any oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by 100% EOU out of the total indigenous raw-material there is no situation that the customs duty on the raw-material stand forgone. Therefore, the situation is like goods are manufactured by the non EOU within the country, therefore, the duty should be charged equal to excise duty. In such case, the valuation can be done as per the Central Excise Act, 1944. Therefore, due to difference of facts in the present case and in the case of Nestle India Ltd (supra), the Hon'ble Apex Court's judgement stand distinguished. 7. As per the above discussion, we are of the considered view that the valuation principle adopted by the Revenue by invoking the valuation provision of Customs Act, 1962 is correct and legal. Therefore, the impugned orders are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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