2000 (9) TMI 285

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....ocate, for the Appellants. Shri P.K. Jain, SDR, for the Respondent. [Order per : Justice K. Sreedharan, President]. - Assessee is the appellant. He cleared certain quantity of yarn for export on bond. The goods so cleared could not be exported. He sought permission to divert it for domestic sale. Jurisdictional Assistant Commissioner conceded his request by order dated 23-4-98. In that or....

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....domestic market could not have been assessed at the value shown in A.R. 4. He relied on the provisions contained in Circular No. 87/87/94-CX. 6, dated 26-12-94 issued by the Central Board of Excise & Customs, Ministry of Finance. Relevant provision of this Circular which is applicable to the case on hand is contained in para 12.4. According to the learned counsel, the authorities have wrongly adop....

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....tic market, its value under Section 4 of the Act, as envisaged in the Circular referred to above, should have been found out and duty fixed accordingly. This having not been done, the only course that is open to us is to remit the matter to the jurisdictional Central Excise Officer to re-assess the duty in terms of Section 4 of the Act. The refund application submitted by the party will also be de....