Stock transfer treated as DTA clearance entitling EOUs to concessional duty, valuation governed by Customs valuation rules. Stock transfers by EOUs to DTA units are covered by paragraph 6.8 of the Exim Policy and Appendix 14-IH, and thus qualify for concessional duty under the relevant notification; intra-company stock transfers are treated equivalently to DTA sales for this purpose. Valuation of such clearances must follow Section 14 of the Customs Act and the Customs Valuation Rules, 1988, taking related party status into account. Notification No.2/95-CE has been superseded by No.23/2003-CE which broadens the wording to 'brought to any place in India.'
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Provisions expressly mentioned in the judgment/order text.
Stock transfer treated as DTA clearance entitling EOUs to concessional duty, valuation governed by Customs valuation rules.
Stock transfers by EOUs to DTA units are covered by paragraph 6.8 of the Exim Policy and Appendix 14-IH, and thus qualify for concessional duty under the relevant notification; intra-company stock transfers are treated equivalently to DTA sales for this purpose. Valuation of such clearances must follow Section 14 of the Customs Act and the Customs Valuation Rules, 1988, taking related party status into account. Notification No.2/95-CE has been superseded by No.23/2003-CE which broadens the wording to "brought to any place in India."
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