2006 (1) TMI 369

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt. Shri Vimlesh Kumar, SDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. The appellants are a 100% E.O.U. They have obtained duty free POY, converted the same by texturising to PTY which has been removed for weaving to various job workers and grey fabrics have been received back and the same have been cleared as deemed export under CT-3 certificate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... brics. 2. In view of late issue of the corrigendum, the appellants have been asked to pay over Rs. 56 lakhs towards duty on the PTY cleared to the job workers and additionally Rs. 26.5 lakhs being the duty on the POY which was the raw material. The adjudicating Commissioner has also imposed penalty of over to Rs. 82.5 lakhs on the appellant-company and Rs. 5 lakhs and Rs. 2 lakhs on the othe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... regard. They have also taken necessary permission from customs authorities for removing the PTY for weaving on job work and they have received back the grey fabric which they have accounted for. As such, we are of the view that the demand made against them and penalties imposed are totally unjustified. Hence, we set aside the impugned order and allow the appeals. (Dictated in open court)
Cas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X