https://www.taxtmi.com/caselaws?id=206041 Deemed exports are excluded from the free on board value used to compute entitlement to domestic tariff area sales under paragraph 9.9(b) of the EXIM Policy and Notification No. 2/95-C.E. The operative distinction is that export entitlement is tied to goods physically taken out of India, based on the statutory definitions of export in the Customs Act, 1962 and the Foreign Trade (Development and Regulation) Act, 1992. Deemed exports under paragraph 9.10 operate as a separate concession for export obligation purposes and do not form part of physical exports for calculating DTA entitlement. The Board circular and jurisdictional High Court view were followed, and the contrary Supreme Court ruling cited was distinguished. en-us Thu, 03 Mar 2011 00:00:00 +0530 Fri, 19 Aug 2011 12:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=206041 Deemed exports are excluded from the free on board value used to compute entitlement to domestic tariff area sales under paragraph 9.9(b) of the EXIM Policy and Notification No. 2/95-C.E. The operative distinction is that export entitlement is tied to goods physically taken out of India, based on the statutory definitions of export in the Customs Act, 1962 and the Foreign Trade (Development and Regulation) Act, 1992. Deemed exports under paragraph 9.10 operate as a separate concession for export obligation purposes and do not form part of physical exports for calculating DTA entitlement. The Board circular and jurisdictional High Court view were followed, and the contrary Supreme Court ruling cited was distinguished. Case-Laws Customs Thu, 03 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=206041