2006 (1) TMI 485

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..... he Respondent. [Order per : S.S. Kang, Vice-President]. Heard both sides. 2. Applicants filed this application for waiver of pre-deposit of duty of Rs. 26,71,455/- and penalty of Rs. 10 lakh. The Revenue has already recovered the amount of Rs. 5 lakhs by way of encashment of bank guarantee. The applicant is a 100% Export Oriented Unit (EOU) and also clearing the goods in Domestic Tariff .....

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..... decision of the Tribunal in the case of Tata Coffee Ltd. v. Commissioner of Central Excise, Hyderabad, reported in 2004 (168) E.L.T. 460 (Tri. - Bang.). The contention is in that case the Tribunal held that Rule 3(1) of Customs (Valuation) Rules, 1988 stipulate that the value of goods sold in domestic tariff are shall be determined as if the goods are imported into India. In that case, there was .....

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