9911796707
TMI Blog2006 (6) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Smita Conductors Ltd. and a penalty of Rs. 1.50 crores on M/s. Power Grid Corporation of India Ltd., we find that the appeals themselves can be disposed of, it this stage, as the issue in dispute stands settled by an earlier order of this Tribunal, hence, after waiver of pre deposits, we take up the appeals for hearing, with the consent of both sides. 2. The benefit of exemption in terms of Notification No. 108/95-CE dated 28-8-95 providing for exemption to all goods falling under Schedule of CETA, 1985 from the whole of Excise duty leviable under Section 3 of the Act and the whole of the Additional Duty of Excise under the Additional Duties of Excise (Goods of Special Importance) Act, 1957 when the goods are intended to be supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project is yet to be financed by the World Bank but only subsequently financed. The relevant portion from the order is reproduced hereinbelow : "4. We have gone through the records of the case and submissions made by both the sides carefully. The appellants submitted a letter dated 01-6-2000 to the Assistant Commissioner of Central Excise enclosing a certificate issued under Notification No. 108/95. This certificate has been signed by an Executive Director of the Project Implementation Authority (M/s. Power Grid Corporation of India) countersigned by the Additional Secretary, Govt. of India, Ministry of Power. In the letter, the permission of the Assistant Commissioner of Central Excise was sought to remove the goods without payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over, the relevant extract of the Exemption Notification No. 108/95 is given below : '(c) in case the said goods are intended to be supplied to a project finance (whether by a loan or a grant) by the World Bank, the Asian Development Bank or any international organization, and other than those listed in the Annexure; and (i) if the said project has been approved by the Government of India, a certificate from the executive head of the Project Implementing Authority and countersigned by an officer not below the rank of a joint Secretary to the Government of India, in the concerned Line of Ministry in the Government of India, that the said goods are required for the execution of the said project and that the said project has duly been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lutely no violation of conditions of the Notification. Denial of the benefit of Notification No. 108/95 in this case would defeat the very purpose of the Notification. In a situation like this delay is bound to happen when many agencies are involved. Even if the World Bank loan had not come through as per Public Notice No. 25 dated 28-7-99 (Ministry of Commerce) Deemed Export benefit would have been available to this case. The intention of Govt. is very clear. Goods meant for the said Project would not suffer any excise duty no matter World Bank Finance comes through or not. In other words, the goods supplied to Power Grid Corporation of India for the project would have been considered as exported.' In such a situation, there is absolutely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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