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2006 (5) TMI 428

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..... Respondent. [Order per : T.K. Jayaraman, Member (T)]. - Revenue has filed these appeals in respect of the two orders passed by the Commissioner of Customs Central Excise, Visakhapatnam. Since the issue involved in both the cases is one and the same, we are taking up both the appeals for disposal. 2. The respondents M/s. R.N. International Ltd., (hereinafter called as RNI) were attempt .....

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..... The Grounds of Appeal of the Revenue are as follows :- (i) On scrutiny of this order, it is noticed that the Commissioner s decision in accepting the plea of the party and in granting the benefit of Notification No. 17/2000-C.E., dated 1-3-2000 for quantifying CVD appears to be incorrect since a perusal of the Notification will show that the same is applicable only to the processors carryi .....

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..... d rates under the Central Excise Notification as it is obvious that imported goods cannot satisfy the conditions relating to payment of excise duty on raw material and held that the conditional exemption notification would not be applicable to imported goods for the purpose of CVD. Board, on the basis of the above CEGAT decision clarified vide Circular No. 37/2001-Cus. dated 18-6-2001 (F.No. 528/4 .....

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..... ng concessional rate of duty applies to goods manufactured in India. If the concessional rate of duty is subject to certain conditions, then obviously such conditions cannot be satisfied by the imported goods. In that view of the matter, concessional rate of duty under the Central Excise Notification cannot be extended to imported goods for purposes of arriving at the Countervailing Duty. This is .....

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