2004 (1) TMI 431

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..... r the Respondent. [Order]. Appeal No. E/1141/03 is filed by Revenue and E/1349/03 by the assessee against the very same order-in-appeal by the Commissioner (Appeals). These appeals are being disposed off by this common order. 2. The Commissioner (Appeals) found :- As discussed in forgoing pages on merits also the case of the appellants does not stand and the appeal is liable for rej .....

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..... n goods exported after execution of Bond B-13 and exported by showing a duty of 16% on goods exported whereas the goods were exempted unconditionally under Notification No 5/99-Central Excise. (b) The lower authorities had ordered the recovery of 8% of amount of value amounting to Rs. 1,47,785/- as required under Rule 57AH and penalty under Rule 173Q of equivalent amount. (c) The .....

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..... f) On merits it is found that goods exported under bond cannot be goods exempt from duty has been finally settled by the S.C. vide decision in the case of Hindustan Petroleum Corporation Ltd. 1995 (77) E.L.T. 256 wherein the Court did not upheld the view of Calcutta High Court in the case of Indian Aluminium Co. - 1988 (36) E.L.T. 435 but upheld the view of Delhi High Court in case of Hind .....

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