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TMI Blog2008 (9) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [Order per : T.K. Jayaraman, Member (T)]. This appeal has been filed against Order-in-Original No. 13/2004-05 (RP), dated 8-10-2004 passed by the Commissioner of Central Excise Customs, Visakhapatnam-I Commissionerate, Visakhapatnam. 2. Shri G. Shivadas, learned Advocate and G. Venkatesh, learned Consultant appeared on behalf of the appellants. Ms. Joy Kumari Chander, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The appellants urged various contentions. In fact, one of the point made by the appellant was that the concerned Rule 6 would not be applicable to them because they did not clear the goods under nil rate of duty or under exemption. They only cleared the goods on sale to the warehouse of M/s. IOCL thinking that M/s. IOCL would clear the goods on payment of duty, because the movement from the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods. 7. On a very careful consideration of the view, we find that it is on records that the appellants had reversed the credit attributable to the goods cleared to M/s. ICOL which in turn cleared to the defence unit. The credit is only of the order of Rs. 2,18,174/- whereas 8% of the sale value of the goods amounts to a very huge amount say about Rs. 9,86,11,914/- which is far above the Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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