TMI Blog2018 (7) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... h the provisions of the Customs Act, 1962 and the Customs Tariff Act, 1974 - Thus, there is no doubt that the valuation in respect of goods manufactured by EOU shall be adopted in accordance with the Customs Act, 1962. As regards the judgement of Hon’ble Supreme Court in the case of Nestle India Ltd [2015 (11) TMI 1171 - SUPREME COURT], it is found that in the said case the fact was different as the goods were manufactured from only indigenous raw-material and allowed to be sold in DTA, whereas in the present case, the goods were manufactured out of the imported and some of the indigenous raw material and cleared in DTA on payment of duty - As per the holistic view from the overall scheme for 100% EOU, the object is that goods manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % EOU and cleared in DTA shall be governed by the Customs Act, 1962. Therefore, the lower authorities applied the Section 14 of the Customs Act, 1962 is correctly. In support of his submission, he placed reliance upon the following judgement:- (i) Sarla Performance Fibers Ltd. Vs. Commissioner of Central Excise, Surat-II 2016 (336) ELT 577 (S.C.). (II) Tirumala Seung Han Textiles Ltd. Vs. Commissioner of Central Excise (A), Hyderabad 2009 (237) ELT 145 (Tri.- Bang.) 4. We have careful considered the submissions made by both sides and perused the records. As per the facts of the case, the goods were manufactured out of the imported and some of the indigenous raw material and cleared in DTA on payment of duty. Some of the goods w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withstanding anything contained in any other provision of this Act, be determined in accordance with the provisions of the Customs Act, 1962 (52 of 1962) and the Customs Tariff Act, 1975 (51 of 1975). On plain reading of the above Section 3 proviso, Clause (ii) it is clear that the value for the purpose of DTA sale shall be determined in accordance with the provisions of the Customs Act, 1962 and the Customs Tariff Act, 1974. Therefore, as per the above express provision there is no doubt that the valuation in respect of goods manufactured by EOU shall be adopted in accordance with the Customs Act, 1962. 6. As regards the judgement of Hon ble Supreme Court in the case of Nestle India Ltd (supra). On careful reading of the judgement, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
