2004 (4) TMI 123

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....mber (T)]. - The appellant is a 100% Export-Oriented Unit engaged in the production and export of instant coffee. Part of the instant coffee is also sold in the domestic market. The dispute that has arisen in the present proceedings is the valuation of instant coffee sold in the domestic market for the purposes of levy of central excise duty. All through the appellant was taking the FOB value of t....

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....nd heard both sides. There is no doubt agreed that Section 3 of the Central Excise Act, 1944 stipulates that the value of the goods sold in the domestic tariff area shall be determined as if the said goods are imported into India. 3. The appellants have been contending that in the absence of import of the same goods, the Indian export value could provide an appropriate basis (as equivalent to t....

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....be accepted for purposes of assessment". The earlier instructions had stated that "invoice can be accepted for the purpose of assessment when it is in conformity with the transaction value under Rule 3(1) of the Customs Valuation Rules, 1988". The appellants contention is that a domestic sale price cannot be the basis for customs valuation because Rule 8 of the valuation rules specifically states ....