https://www.taxtmi.com/caselaws?id=52774 For central excise valuation of instant coffee cleared by a 100% export-oriented unit into the domestic tariff area, the assessable value may be based on the FOB export price rather than the domestic sale price where no identical or similar imported goods are available. Section 3 of the Central Excise Act, read with the customs valuation framework, requires valuation on an import-parity basis, and a fully commercial FOB price can serve as a comparable value. The Indian selling price cannot be adopted contrary to the valuation rules and the department's earlier acceptance of the FOB-based assessment. On that basis, the duty demand based on domestic sale price was held unsustainable. en-us Mon, 19 Apr 2004 00:00:00 +0530 Thu, 07 Oct 2010 16:43:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52774 For central excise valuation of instant coffee cleared by a 100% export-oriented unit into the domestic tariff area, the assessable value may be based on the FOB export price rather than the domestic sale price where no identical or similar imported goods are available. Section 3 of the Central Excise Act, read with the customs valuation framework, requires valuation on an import-parity basis, and a fully commercial FOB price can serve as a comparable value. The Indian selling price cannot be adopted contrary to the valuation rules and the department's earlier acceptance of the FOB-based assessment. On that basis, the duty demand based on domestic sale price was held unsustainable. Case-Laws Central Excise Mon, 19 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52774