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2006 (5) TMI 251

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..... mber (T)]. This appeal arises from Order-in-Appeal No.193/2003-Cus. dated 31-12-2003 by which Customs duty has been levied in respect of fire float manufactured in-bond . The appellants have imported raw material and spare parts for the manufacture of fire float under Notification No. 21/2002-Cus. dated 1-3-2002 (Sl. No. 353) which granted the benefit of exemption of customs duty when the s .....

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..... notification for exporting the goods manufactured in-bond . For the goods manufactured in bond and in India, no customs duty is leviable. The learned Counsel submits that in their own case, in a subsequent matter, the Commissioner (Appeals) in Order-in-Appeal No. 141/2004 dated 19-8-2004 has appreciated the matter and after due consideration, he has agreed with the assessees contention that no .....

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..... w materials for the manufacture of the vessels namely, fire float . There is no provision for levying customs duty for the manufacture of goods within India. 5. On a careful consideration of the submissions made by both the sides, we agree with the submissions made by the learned Counsel. On a perusal of the Notification No. 21/2002-Cus., it is seen that there is no provision for export of th .....

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..... ared under Section 65 of the Customs Act, 1962. The appellants received raw material and parts in these premises and warehouse the same without payment of duty. They also procure indigenous raw material. Using both types of materials, the dredger was manufactured. On clearance of the dredger from the bonded premises, as seen from the impugned order, the lower authority has levied duty, as is appli .....

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