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Issues: Whether, for computing the permissible clearances in the Domestic Tariff Area by a 100% EOU, the value of deemed exports was required to be included in the FOB value of exports, and whether the demand of duty based on exclusion of deemed exports could be sustained.
Analysis: The dispute turned on the computation of the 50% limit for DTA clearances under the EXIM Policy. The Tribunal noted that the issue had already been decided in favour of inclusion of deemed exports while calculating the permissible DTA sales, and that the same view had been followed in later decisions. It also noted that the earlier Tribunal view had been carried in appeal and the Revenue's challenge had not succeeded before the Supreme Court. In these circumstances, the legal position was treated as settled and applicable to the present case.
Conclusion: The demand founded on exclusion of deemed exports from the computation of permissible DTA sales could not be sustained; the issue was decided in favour of the assessee.
Ratio Decidendi: For a 100% EOU, deemed exports are to be included while computing the FOB value relevant for determining the permissible extent of DTA clearances under the applicable EXIM Policy.
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