2000 (11) TMI 396

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..... der per : Jyoti Balasundaram, Member (J)]. The Commissioner of Central Excise has confirmed the demand of duty of Rs. 48,08,428/- and imposed a penalty of Rs. 5 lakhs on the applicants. The demand represents depreciation allegedly claimed in excess by the applicants. 2. Issue to be determined prima facie is the date of commencement of commercial production by the applicants for the purpose .....

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..... t period of depreciation would be counted from the date, the capital goods have been put into the manufacturing process in the 100% EOU up to the date they are sought to be cleared to the Domestic Tariff Area. In view of this, we hold that the applicants have made out a prima facie case for waiver of pre-deposit and accordingly dispense with the pre-deposit of duty and penalty and stay recovery th .....

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