9911796707
TMI Blog1999 (12) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... , Sr. Advocate and Shri Prakash Shah, Advocate, for the Appellant. Shri B.K. Choubey, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The application is for waiver of deposit of duty of Rs. 1.02 crore and equivalent penalty under rule 57-I(4). 2. The advocate for the applicant says that the duty demanded is on steel plates, tubes and pipes, and castings, imported by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inputs other than capital goods under Rule 57A. Further, he says extended period is not applicable. The notice, or the order of the Commissioner, do not cite any of the factors contained in proviso to Section 11A as a result of which the extended period could be invoked. The department was in a possession of all the facts relating to the importation and the taking of the credit. The bill of entry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the goods are capital goods or not, as long as they are classifiable under 9801, the restriction contained in Rule 57Q will apply. He contends that Mr. Shelar, Manager of the applicant had admitted that credit was restricted by the sub-rule. 5. The legal issue is not entirely clear at this stage. Heading 98.01 of the Customs Tariff includes not only capital goods but also components ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the restriction introduced by Rule 57Q(3). Even if the entire rule itself is done away with, that credit would still be available under Rule 57A, as long as requirement in that rule and other rules relating to it are satisfied. In other words, as long as the goods were inputs used for manufacture of finished goods and not included in the excluded terms under Rule 57A, credit of the duty pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rule 57Q. The order of the Commissioner (Appeals) and the Assistant Commissioner cited by the applicant also support that the applicant's view could be bona fide. In these circumstances we do not consider it appropriate to ask for any further deposit than 50% of the duty which has been already deposited. Accordingly we waive deposit of the remaining amount of duty and penalty and stay its reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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