9911796707
TMI Blog2003 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... We are concerned with the clearances made in 2000 and 2001. The notification as it stood at the relevant time, exempted such goods "from so much of the duty of excise leviable thereon under Section 3 of the Central Excise Act as is in excess of the amount calculated at the rate of 50% of the each of the duties of Customs, which would be leviable under the Customs Act, 1962 (52 of 1962) or under any of the law for the time being in force, read with any notification for the time being in force in respect of the duty so chargeable on the like goods produced or manufactured outside India if imported into India". In the order impugned in the appeal, the Commissioner has applied the method of calculation given in the Circular No. 7/01, date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -94 and has given the following illustration of the method of calculation of duty, adopted by the appellants in terms of the said circular :- (A) Value of goods under Section 14 of the Customs Act : Rs. 2,000 (B) Normal rate of Customs duty for imports of like goods : 200% (C) 50% of the normal rate of Customs duty : 100% (D) Basic Customs duty payable (100% of Rs. 2,000) : ……. Rs. 2,000 (E) Normal rate of C V duty under Section 3(1) of Customs Tariff Act for import of like goods : 100% (F) Half of the normal rate : 50% (G) Value for purposes of C V duty (A+D) Rs. 4,000 (H) C V duty at the rate of 50% of G Rs. 2,000 (I) Total duty payable by the EOU (D+H) Rs. 4,000 5. On the other hand, taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle shall be its value determined as in Section 14 and any duty of customs chargeable under Section 12 of the Customs Act, 1962. In Futura Polymers the value of the goods under Section 14 is Rs. 2,000/- in the example at Paragraph 4 value for purpose of additional duties arrived at by adding to this value 50% of the normal rate of customs duty. In the second example value has been arrived at by a normal rate of customs duty. It is the example given in Paragraph 5 that has been accepted as correct by Uniworth Textiles. In the light of directly conflicting position that emerges we think it appropriate to refer the matter to the Larger Bench.
7. The matter may be placed before the President for constituting a Larger Bench. X X X X Extracts X X X X X X X X Extracts X X X X
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