2000 (9) TMI 508

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....se notice on 15-3-1996 raising demand of duty of Rs. 1,21,848.50 on the ground that while computing the total clearance-value of their products for determination of Central Excise duty in terms of Notification No. 1/93, they have not included the value of the goods which were cleared under Deemed Export Scheme. The contention of the Revenue was that the goods cleared for deemed export have to be treated as clearance for home consumption. On the above basis, the impugned Orders were passed. 3. Shri B.N. Chattopadhyay, learned Consultant for the appellants submits that in terms of the provisions of Notification 1/93, only the quantity cleared for home-consumption as also the quantity exported to Nepal and Bhutan, have to be taken for ....

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....dered the submissions made from both sides. The short point required to be decided is as to whether the value of the Deemed Export is required to be taken into consideration while computing the total value of the clearances under the provisions of Notification No. 1/93-C.E. The appellants have referred to Chapter X of Deemed Exports, Para 120 of the said Chapter defines - "Deemed Exports" meaning thereby those transactions in which the goods supplied do not leave the country and the payment for the goods is received by the supplier in India. Admittedly, while carrying out the Deemed Export the goods cleared are not actually exported out of India. The question arises as to whether the said Deemed Exports can be equated with clearances for ho....