2006 (4) TMI 329

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....or the Appellant. Shri Vimleshkumar, SDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. - The appellants are 100% E.O.U. engaged in the manufacture of texturised/crimped Polyester yarn. They were permitted to make clearance to the domestic tariff area. While clearing the goods the average assessable value came to Rs. 57/- per kg. as declared in the bill of entry. However, it....

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....t inspite of the notice. We therefore heard the ld. JDR and perused the record. 4. The learned JDR supported the findings of the Commissioner. The appellant in their appeal have stated that they being in 100% E.O.U. were subject to the payment of duty at rates prescribed under Section 12 of the Customs Act, 1962 and thus the assessable value had to be taken in accordance with the provision....

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....ill be entitled to a refund. 6. The duty of Customs paid by the appellants was not less than the duties of the Excise leviable under the provisions of Central Excises and Salt Act, 1944 and thus there was no short payment in terms of proviso to Notification No. 101/93. The department reliance on Notification 32/94 for valuation is misplaced as appellant is exclusively governed by the Custo....

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....-93 provide partial exemption and reduced the duty leviable thereon as is in excess of 50% of the duty of the Customs which would be leviable under Section 12 of the Customs Act, read with other notification for the time being in force. However, second proviso to notification provides that the amount of duty payable in accordance with this notification in respect of the said goods shall not be les....