9911796707
TMI Blog2005 (1) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. [Order per : S.S. Sekhon, Member (T)]. The appellants had started a textile processing unit with effect from 12-9-2001 at the premises at 635/1, Gauripada, Rangari Compound, Bhiwandi in the jurisdiction of Range-V, Kalyan-I Division, Mumbai III Commissionerate, by acquiring the said premises on lease from M/s. Gaurav Synthetics. They made application and obtained fresh registrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme could not be availed by them and they are required to pay duly as per ad veloram levy scheme till 31-3-2001. The appellants met the Commissioner on 19-1-2001 and made a representation to the Chief Commissioner to consider the application to avail the Compounded Levy Scheme favourably. The Joint Commissioner vide letter dated 26-9-2001 received by the appellant on 1-10-2001 communicated reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 2001 which was replied. A hearing was granted. It was pointed out specifically during this hearing that the appellants were entitled for duty credit under deeming provisions of law to the extent of 50% of the total duty payable and since they had already paid duty of Rs. 36,37,677/-, they were entitled to an equivalent deemed credit. 2 After hearing both sides, and considering the material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to arrive at a finding as regards 50% deemed credit eligible under Notification Nos. 28/2000-C.E., dated 31-3-2000, 7/2001, dated 1-3-2001 and 28/2001, dated 11-6-2001. Since the duty is charged and the values are not disputed and since out of total demand of Rs. 72,65,354/-, appellants have paid Rs. 36,37,677/-, and are eligible to deemed credit of 50% in terms of Notifications, remaining amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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