2003 (6) TMI 136 - AT - Central Excise

Summary

Issues involved: Interpretation of additional duty of customs (CVD) levied on goods cleared by 100% EOUs to Domestic Tariff Area (DTA) and the applicability of tariff rates versus effective rates.

Summary:
The Appellate Tribunal CESTAT, New Delhi addressed the dispute regarding the rate at which additional duty of customs (CVD) should be levied on goods cleared by 100% EOUs to the Domestic Tariff Area (DTA). The appellants argued that the duty should be based on effective rates as per exemption notifications, contrary to the lower authorities' interpretation based on the proviso to Section 5A of the Central Excise Act. The appellants relied on the decision of the Hon'ble Gujarat High Court and a Circular from the Central Board of Excise and Customs, emphasizing that CVD should be calculated based on effective rates, not tariff rates.

The Tribunal noted that the issue had been previously addressed by the Hon'ble Gujarat High Court, which held that additional duty of customs should be reckoned based on effective rates, not tariff rates, for goods cleared to DTA by an EOU. The Tribunal also considered a Supreme Court judgment upholding the Gujarat High Court decision. Additionally, a Circular from the Ministry clarified that duty leviable under Section 3 of the Central Excise Act should be calculated after considering exemption notifications, supporting the calculation based on effective rates.

Consequently, the Tribunal ruled in favor of the appellants, allowing the appeals and setting aside the lower authorities' orders. The judgment reaffirmed that duty on goods produced in EOUs/EPZs should not be charged at tariff rates but based on effective rates as per exemption notifications and relevant legal provisions.