9911796707
TMI Blog2004 (1) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... . Parelkar, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The applications for waiver of pre-deposit of duty and penalty arise out of the order of the Commissioner of Central Excise, Vapi, who has confirmed duty demand of Rs. 44,89,471/- and imposed a penalty of equal amount on M/s. Sarla Polyester Ltd. and imposed a penalty of Rs. 44,89,000/- on its Director. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication No. 2/95 namely as to whether duty was payable on the basis of amount equal to 50% each of the duties of customs as contended by the applicants or on the basis of 50% of the aggregate duties of customs has held by the Commissioner, is an issue which has been referred to the Larger Bench by Order No. C-II/3114/WZB/2003, dated 3-12-2003 [2004 (166) E.L.T. 98 (Tribunal)] in the case of Indow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3/2001 which is available to Air mingled Yarn is admissible, in view of the finding that they were using Inter-mingling Machinery and that the Polyester/Nylon yarn was attached to Lycra/Spandex Yarn due to pressurized air by the technique of inter-mingling, and that they had paid the appropriate duty of excise on the base yarn (which at the relevant time was interpreted as including even Nil rate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) in the case of Dhiren Chemical Industries has held that the expression appropriate amount of duty does not include Nil duty, since circulars had been issued by the CBE C placing at different interpretation, that interpretation would be binding upon the Revenue. We, therefore, waive the pre-deposit of duty of Rs. 28,96,358/- and stay recovery thereof pending these appeals. Pre-deposit of p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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