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2016 (11) TMI 688 - AT - Central ExciseDemand of duty - EOU - clearances of the cotton waste made to DTA exceeding the permission granted to them by DGFT - Held that - we find that for the period 29.5.2000 to 31.3.2003, the DTA sale limit as per the permission, has been reduced by the value of the cotton waste sold by the appellant; same is the case for the period 1.4.2001 to 31.3.2002. On perusal of the judgment of the Tribunal in the case of Nahar Industries Enterprises Ltd. vs. CCE 2003 (2) TMI 97 - CEGAT, NEW DELHI , we find that for the period in question in the case in hand, the judgment would apply in its full force. If the value of the cotton waste sold for the period 2000-01 and 2001-02, is reduced, the appellant has not exceeded the limit of the permission for clearance to DTA, by the DGFT authorities - appeal allowed - decided in favor of appellant-assessee.
Issues:
Demand of duty on appellant for clearances of cotton waste exceeding permission granted by DGFT. Analysis: The appeal was against an order-in-appeal dated 20.2.2007 concerning the appellant, a 100% EOU engaged in the manufacture, export, and DTA sale of cotton yarn and cotton waste. The issue revolved around the appellant availing concessional rates of cenvat duty for DTA sales of cotton yarn and waste, exceeding the permissible limit of 50% of FOB value of exports. The department demanded duty under proviso to Section 11A(1) of the Central Excise Act, 1944, totaling &8377; 22,77,316/- for excess DTA clearances during a specific period. The appellant argued that the value of cotton waste sold should be excluded from the DTA sale limit, citing the Tribunal's judgment in Nahar Industries Enterprises Ltd. vs. CCE - 2003 (154) ELT 284. They contended that excluding the value of cotton waste for certain periods would negate any demand for subsequent periods. The departmental representative supported the lower authorities' findings, emphasizing the duty demand on the appellant. However, upon reviewing the records, the Tribunal noted the issue of demanding duty on the appellant for exceeding the clearance permission of cotton waste to DTA. The Tribunal observed that for the relevant periods, the DTA sale limit had been reduced by the value of cotton waste sold by the appellant, aligning with the Nahar Industries Enterprises Ltd. case judgment. By excluding the value of cotton waste sold for specific periods, the appellant did not surpass the clearance limit set by DGFT authorities. Consequently, the Tribunal held in favor of the appellant, setting aside the impugned order and allowing the appeal. The judgment was pronounced in court by the Members (Judicial) and (Technical) present during the proceedings.
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