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TMI Blog2018 (8) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... T] where the Hon’ble Supreme Court followed the principle laid down in Thermax Pvt. Ltd. [1992 (8) TMI 156 - SUPREME COURT OF INDIA] namely for the purpose of attracting additional duty under Section 3 on the import of a manufactured or produced article the actual manufacture or production of a like article in India is not necessary. For quantification of additional duty in such a case, it has to be imagined that the article imported had been manufactured or produced in India and then to see what amount of excise duty was leviable thereon - the respondents herein would very well be eligible for Nil CVD in view of Notification No.30/2004- CE. Valuation of goods - scope of SCN - Held that:- Since the SCN has not invoked Rule 7 of the Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of law. At the stage of adjudication, original authority vide order dt. 12.3.2010 restricted the demand to ₹ 39,02,333/- with interest, imposed equal penalty under Section 11AC of the Central Excise Act, 1944. While arriving at this decision, the adjudicating authority found that the amount claimed under General Overhead and Margin at 18% and 3% respectively appears to be nominal and hence allowed the said deductions. Deductions were also allowed for transport / insurance / packing at 3.1%, BCD at 50% and CVD at 8.24% . Revised differential duty of ₹ 39,08,333/- was arrived at after allowing the deductions. Appeal was filed by the appellants, inter alia on the grounds that as per Notification No.23/2003-CE, duty to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Apex Court in SRF Ltd. Vs CC (Import and General), New Delhi - 2015-TIOL-74-SC-CUS where the Hon ble Supreme Court followed the principle laid down in Thermax Pvt. Ltd. - 1992 (4) SCC 440 namely for the purpose of attracting additional duty under Section 3 on the import of a manufactured or produced article the actual manufacture or production of a like article in India is not necessary. For quantification of additional duty in such a case, it has to be imagined that the article imported had been manufactured or produced in India and then to see what amount of excise duty was leviable thereon. We find that the CESTAT has also followed the very same ratio in a number of decisions, for example CCE Salem Vs Blue Mount Textiles 2018 (8) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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