2003 (10) TMI 139

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....ssue involved in this appeal is interpretation of Clause (b) of the 3rd proviso to Notification No. 2/95-C.E., dated 4-1-1995. The said clause puts a restriction requiring satisfaction of Customs officials that total value of impugned goods cleared under Paras 9.9 and 9.20 of Exim Policy 1997-2002, does not exceed 50% of the free on board value of export made during the year. It is the case of the....

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.... on board value of export and export means "taking out of India to a place outside India", we are of the view that the Adjudicating authority was correct in restricting the computation of the value of clearance to physical exports and not extending the expression to include deemed export as the notification does not refer to deemed exports. Besides, the Development Commissioner may permit DTA clea....