https://www.taxtmi.com/caselaws?id=756554 For DTA clearances by a 100% EOU, the assessable value must ordinarily be based on the transaction value declared for sales to independent buyers. The department cannot replace that value with a computed figure unless it establishes special circumstances such as suppression, manipulation, flow back, or any other evidence that the declared price is not the price actually paid or payable. In the absence of contemporaneous documentary proof or comparable import-price evidence, the declared arm's length price must be accepted. Where the valuation substitution fails, the resulting differential duty demand also fails, and consequential penalties imposed under Central Excise law cannot survive independently. en-us Thu, 25 Jul 2024 00:00:00 +0530 Mon, 05 Aug 2024 14:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756554 For DTA clearances by a 100% EOU, the assessable value must ordinarily be based on the transaction value declared for sales to independent buyers. The department cannot replace that value with a computed figure unless it establishes special circumstances such as suppression, manipulation, flow back, or any other evidence that the declared price is not the price actually paid or payable. In the absence of contemporaneous documentary proof or comparable import-price evidence, the declared arm's length price must be accepted. Where the valuation substitution fails, the resulting differential duty demand also fails, and consequential penalties imposed under Central Excise law cannot survive independently. Case-Laws Central Excise Thu, 25 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756554