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2000 (12) TMI 671

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..... ingh, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The above appeal arises out of the order of Commissioner of Central Excise, Pune who has confirmed a duty demand of Rs. 18,17,680/- on Computers and Components and accessories thereof manufactured by the appellants herein and cleared to various customers during the period from November, 1989 to 10th March, 1992 a .....

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..... e agreements entered into between the appellants and their customers that during the year 1989-92, they have manufactured and cleared products for various organisations such as scientific, educational or industrial organisations specifically and the products were manufactured according to the specific needs/requirements of concerned organisations. The goods supplied were thus the result of researc .....

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..... any Central Excise licence or followed any Central Excise procedure until 1992 when they filed a classification list claiming effective rate of 15% in respect of clearances for commercial purposes and nil rate in respect of clearances for R D purposes under Notification No. 167/71-C.E. They have also not been able to show that they were under any bona fide belief that the goods produced by them we .....

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..... e duty demand. Penalty upon the appellants is warranted in view of the deliberate contravention of the Act and the Rules by non-payment of duty on the goods. However, having regard to the totality of the facts and circumstances including the fact that the appellants are a Government organisation set up by the Department of Electronics, we reduce the penalty to Rs. 25,000/-. The appeal is thus part .....

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