9911796707
TMI Blog2003 (3) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : C. Satapathy, Member (T)]. - Ms. Deepa Chawan, learned Advocate appearing for the appellants states that the appellants manufacture underwater batteries exclusively usable in the submarines of Russian make. As such, they have supplied the batteries only to Indian Navy and to Algerian Navy. She states that the supply to Indian Navy is exempted under Notification No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es on 23-10-1997. She states that there was no justification for the Central Excise authorities to seize various documents from the appellants on 20-7-1998 and issue two show cause notices on 4-8-1998 and 3-3-1999 and pass the impugned order on 3-1-2002 demanding duty of over Rs. 15 Lacs and Rs. 84 Lacs under Rule 57CC and imposing penalty of equal amount apart from demanding interest on the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts as well as export products which are chargeable to duty, though the same can be cleared under bond without payment of duty and that therefore, the appellants are required to pay 8% duty on the exempted goods supplied to the Indian Navy. The learned Jt. C.D.R. cites the case law relating to Hindustan Petroleum Corporation Ltd. - 1995 (77) E.L.T. 256 (S.C.) to impress that the export goods are to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that sub-rule (1) of Rule 57CC can not be applied to the case of the appellants. The learned advocate for the appellants has also brought to our notice the decision of the Apex Court in the case of Chandrapur Magnet Wires Pvt. Ltd. - 1996 (81) E.L.T. 3 (S.C.) wherein it has been held that once Modvat credit is reversed the assessee can not be said to have taken credit of duty on inputs utilized f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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