2011 (1) TMI 501 - AT - Central Excise

Waiver of pre-deposit - SEZ developer - Notification No. 50/2008-C-N.T. dated 31st December, 2008 -  Prima facie, it appears that legislature did not intend to burden SEZ developer, as early as 2006, for imposition of duty on SEZ developer for which clarification was issued by the 2006 Circular No. 29/2006-Cus., dated 27-12-2006 - Considering the rationale of the circular, there shall be waiver of pre-deposit during pendency of the appeal in both cases.

Summary

The Appellate Tribunal CESTAT, New Delhi, clarified in a 2011 judgment that SEZ developers should not be burdened with duty based on a 2006 circular. Pre-deposit waiver during appeal was granted. An interim order was passed to address anomalies and remove hardship to SEZ developers. Stay petitions were disposed of.