2018 (7) TMI 979

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....case of the department is that applying Section 14 the value of the identical goods sold by the appellant to the independent buyers shall be taken as assessable value for the purpose of charging duty by the 100%% EOU. 2. Shri J. Madhusuthanan, Ld. Counsel appearing on behalf of the appellant at the outset submits that the Hon'ble Supreme Court in the case of Nestle India Ltd. Vs. Commissioner of Central Excise - 2015 (326) ELT 226 (S.C.) held that the goods manufactured and cleared by 100% EOU, the valuation should be done as per the Central Excise Act, 1944. 3. Shri L. Patra, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings in the impugned order. He submits that the valuation of the goods man....

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....econd Schedule to the Central Excise Tariff Act, 1985 to be levied. - Provided that the duties of excise which shall be levied and collected on any excisable goods which are produced or manufactured:- (i) In a free trade zone or a special economic zone and brought to any other place in India; or (ii) by a hundred per cent export-oriented undertaking and brought to any other place in India, shall be an amount equal to the aggregate of the duties of customs which would be leviable under the Customs Act, 1962 (52 of 1962) or any other law for the time being in force, on like goods produced or manufactured outside India if imported into India, and where the said duties of customs are chargeable by reference to their value; the value of....