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of <h1>EOU liable to pay SAD on clearances in DTA under VAT exemption rule</h1> <h3>M/s. Moser Baer India Ltd. Versus Commissioner of Central Excise, NOIDA</h3> M/s. Moser Baer India Ltd. Versus Commissioner of Central Excise, NOIDA - TMI Issues involved:1. Appellant's liability to pay SAD on clearances to another EOU while availing area-based exemption for VAT purposes.Analysis:The judgment dealt with the issue of an Appellant, an EOU, selling goods in the DTA and the requirement to pay SAD at the time of clearance to another EOU in the DTA while availing area-based exemption for VAT. The Tribunal referred to a previous case where it was held that the Appellant is indeed required to pay SAD on their clearances. The Tribunal reiterated this stance and ruled that the Appellant must pay SAD on their clearances, even when selling to another EOU. However, the Tribunal highlighted the need for quantification of the duty demand against the Appellant, considering the clearance of goods to another EOU without SAD and valuing the goods at cum duty price. The matter was remanded to the adjudicating authority for the correct quantification of the duty payable by the Appellant.The Tribunal emphasized that since the issue had been settled by the Larger Bench of the Tribunal, no malafide intent could be attributed to the Appellant. Consequently, the Tribunal held that no penalty should be imposed on the Appellant. The judgment concluded by disposing of the appeals with the specified terms, providing clarity on the Appellant's liability to pay SAD on clearances to another EOU while availing area-based exemption for VAT purposes.
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