Deemed export value is includible in FOB value for entitlement under the Exim Policy, leaving the Revenue's challenge unsuccessful.

For entitlement under paragraph 9.9(b) of the Exim Policy 1997-2002, deemed export value was held includible in the FOB value of exports. The Tribunal followed its earlier view in the same controversy, which had already attained finality after the Revenue's challenge was dismissed by the Supreme Court. On that reasoning, the assessee's entitlement had to be computed by including deemed export value, and the Revenue's appeal was rejected.

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Issues: Whether the value of deemed export is required to be excluded while determining the FOB value of export for computation under paragraph 9.9(b) of the Exim Policy 1997-2002.

Analysis: The dispute turned on the meaning of FOB value for entitlement under paragraph 9.9(b). The earlier Tribunal view in the same line of controversy had held that the value of deemed export is not to be excluded while working out the FOB value of export. That view had attained finality after the Revenue's challenge was dismissed by the Supreme Court, and the same reasoning governed the present case.

Conclusion: The value of deemed export was not required to be excluded while determining FOB value of export. The order in appeal was upheld and the Revenue's challenge failed.

Final Conclusion: The assessee's entitlement was to be computed by including deemed export value in the FOB value of export, and the Revenue's appeal was rejected.

Ratio Decidendi: For the purpose of paragraph 9.9(b) of the Exim Policy 1997-2002, deemed export value is includible in the FOB value of export when determining the relevant entitlement.

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