2003 (3) TMI 591

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r the Respondent. [Order per : Gowri Shankar, Member (T)]. The application is for waiver of deposit of duly of Rs. 22,66,704/- and penalty of Rs. 22,50,000/-. 2. The applicant is a 100% export oriented unit engaged in the manufacture and export of twisted yarn and grey fabrics out of the material that is sometimes procured and sometimes imported. The duty has been demanded on the grou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Excise Act, but in accordance with the rate of duty prescribed in the tariff. That duty is nil. There is exemption of both basic duty and additional duty under the Additional Duties of Excise (Goods of Special Importance) Act, 1957. In the case of goods manufactured out of indigenous raw material, the benefit contained in Notification 8/97 will be available. 4. The departmental representative se .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e duty payable on such products in accordance with the tariff by other person at the relevant time will not apply. We are not inclined to find anything in the Tribunal s decision cited by the departmental representative which prima facie applies to the facts before us. 6. Accordingly we waive deposit of the duty and penalty and stay their recovery. 7. This appeal to be heard on 14th April, 200 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X