Online India Export Import Data Search

Valuation of Goods cleared in DTA by EOU’s , Central Excise Circular No. 933/23/2010, 16-08-2010



Date: 16-08-2010
Notification No: Central Excise Circular No. 933/23/2010
Issuing Authority: Central Excise  
Type: Circular
File No: F No 06 / 06/2010-CX.1
Subject: Valuation of Goods cleared in DTA by EOU’s

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

Circular No 933 /23 /2010-CX

New Delhi the,16th August 2010

To,

All the Chief Commissioners of Central Excise
All the Chief Commissioners (LTU)
All the Director Generals
All the Commissioners & Commissioner (Appeals) of Central Excise.

Subject: Valuation of Goods cleared in DTA by EOU’s.

Board has received references seeking clarification with regard to the valuation of goods cleared from an EOU for sale in DTA, when actual sale transaction does not take place at the time of clearance but on a subsequent date. In such cases 100% of the goods are cleared from the EOU to depot from where the sale is effected through consignment agents. CBEC has earlier issued Circular No 268/85-CX.8 dated 29. 09.1994, clarifying that valuation of goods in such situations will have to be done in accordance with the Rule 8 of the Customs Valuation Rule (Determination of Price of Imported Goods), 1988 as it existed then.

2. The issue has been re-examined. As per the proviso to Section 3(1) of the Central Excise Act, 1944, the value of such goods need to be determined in terms of section 14 of the Customs Act, 1962, read with Customs Valuation Rules (Determination of Price of Imported Goods), 2007.

3. In terms of the said rules the value will have to be determined by sequential application of Rules 3 to 9. The same view has been expressed by the CESTAT in following cases

    - Endress Hauser Flowtec (I) Pvt Ltd. [2009 (237) ELT 598 (T)]

    - Morarjee Brembana Ltd. [2003 (154) ELT 500 (T)]

    - Uniworth Textile Ltd. [2009 (244) ELT 401 (T)]

5.0 In view of the position prevailing under Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, and the decisions of tribunal on the subject earlier Board Circular No 268/85- CX.8 dated 29.09.1994 on the subject is withdrawn. The field formations may follow the provisions of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 in such situations

6. Trade and field formations may be informed accordingly.

7. Hindi version will follow.

Yours faithfully

Sanjiv Srivastava
Director (CX.1)
F No 06 / 06/2010-CX.1

       

DO YOU NEED HELP?







Enquiry Form

Fields marked with an asterisk * are required.

 

+



What is New?

Date: 28-04-2016
RBI/2015-16/384 A.P. (DIR Series) Circular No. 64
Foreign Exchange Management (Remittance of Assets) Regulations, 2016

Date: 28-04-2016
RBI/2015-16/385 A.P. (DIR Series) Circular No. 65
Import of Goods: Import Data Processing and Monitoring System (IDPMS)

Date: 28-04-2016
RBI/2015-16/386 A.P. (DIR Series) Circular No. 66
Opening and Maintenance of Rupee / Foreign Currency Vostro Accounts of Non-Resident Exchange Houses: Rupee Drawing Arrangement

Date: 27-04-2016
Customs Circular No. 14/2016
Regarding carriage of coastal cargo from one Indian port to another port in vessels carrying out coastal runs

Date: 27-04-2016
Customs Notification No. 59/2016 (NT)
Amendment in Principal Notification No. 12/97-Customs (N.T) dated 02.04.1997

Date: 27-04-2016
Customs Notification No. 58/2016 (NT)
Appointment of Common Adjudicating Authority

Date: 27-04-2016
Customs Notification No. 57/2016 (NT)
Customs Notification No. 57/2016 (NT)

Date: 27-04-2016
Customs Notification No. 56/2016 (NT)
Customs Notification No. 56/2016 (NT)

Date: 26-04-2016
Customs Notification No. 29/2016
Seeks to amend notification No. 12/2012-Customs dated 17.03.2012 to prescribe simplified procedure for units engaged in Maintenance, Repair and Overhaul of aircrafts.

Date: 26-04-2016
Notification No. 15/2016-Customs (ADD)
Seeks to levy definitive anti-dumping duty on imports of Synchronous Digital Hierarchy Transmission Equipment originating in, or exported from China PR and Israel for a period of five years.



Exim Guru Copyright © 1999-2016 Exim Guru. All Rights Reserved.
The information presented on the site is believed to be accurate. However, InfodriveIndia takes no legal responsibilities for the validity of the information.
Please read our Terms of Use and Privacy Policy before you use this Export Import Data Directory.

EximGuru.com

C/o Infodrive India
E-2, 3rd Floor, Kalkaji Main Road
New Delhi - 110019, India
Phone : 011 - 40703001