9911796707
TMI Blog2004 (1) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... der]. This miscellaneous application is filed by the applicants for retention of file before this Bench. The DR has no objection. Accordingly the misc. application is allowed. 2. The stay application is filed by the applicants for waiver of pre-deposit of duty amounting to Rs. 13,49,068/- and penalty of Rs. 1,00,000/- and stay of the recovery proceedings. 3. Arguing in support of the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings of the Commissioner (Appeals) at Paragraph 6 of the impugned order which is as under :- 6. Looking to the facts and circumstances of the case, I find that it is not deniable that Notification No. 55/91-C.E., dated 25-7-91 existed and grants exemption to the yarn cleared by a 100% EOU. To that extent appellant s contentions are accepted. However, the fact is that the exemption granted un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eviable has been taken into consideration. Therefore, even while holding that the additional duty of excise (T TA) is exempt in respect of item in question, the quantum of basic duty of excise leviable on 100% EOUs itself is so much as is equal to the basic + Additional duty of excise (T TA) leviable on like goods cleared by units other than 100% EOUs. The Hon ble CEGAT in the case of Euro Cos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Counsel that show cause notice has been issued for demanding additional excise duty and accordingly there was no justification for recovery of basic excise duty in the guise of additional excise duty in the absence of mention in the relevant show cause notice. This factual position has been accepted by the Commissioner (Appeals) as can be seen from the above findings. In view of the findi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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