2012 (7) TMI 1 - AT - Central Excise

Demand of an amount equivalent to 10% of the value of the goods cleared by the appellant to SEZ developers - Held that - The issue is settled by the judgment of this Tribunal in the case of Sujana Metal Products Ltd. vs. CCE Hyderabad 2011 (9) TMI 724 - CESTAT, BANGALORE as in view of Section 51 of the SEZ Act, the supplies made by DTA units to SEZ units will amount to export for the purpose of all export benefits. The benefit shall include benefits available in respect of exports provided by exception to Rule 6 of Cenvat Credit Rules, 2004 - in favour of assessee.

Summary

The Stay Petition was filed for waiver of pre-deposit of Rs.73,55,221/-, interest, and penalty. The appeal was disposed as it was found to lie in a narrow compass. The issue was about the demand for 10% of goods cleared to SEZ developers, which was settled by previous judgments. The impugned order was set aside, and the appeal was allowed.