9911796707
TMI Blog2009 (2) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : P.G. Chacko, Member (J)]. This appeal filed by M/s. Krishna Filaments Ltd. (assessee) is against denial of the benefit of Notification No. 2/95-C.E., dated 4-1-95 for the period 15-11-1999 to 10-1-2000 in respect of DTA clearances effected by the assessee. In this appeal, demand of duty of over Rs. 65 lacs and imposition of penalty of Rs. 5,00,000/- are under chall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid accordingly. Lateron, by notice dated 3-5-2000, the Department demanded an amount of duty of Rs. 62,57,930/- from the assessee on the ground that the benefit of Notification 2/95-C.E. ibid had been wrongly availed. The Department held the view that the Notification was not applicable to the DTA sales which were made against foreign exchange. Under para 9.10 (b) of the EXIM Policy, supplies m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 2/95-C.E. dated 4-1-95 was applicable to the DTA clearances in question. The Revenue s case is that this Notification was not applicable to such clearances, which, according to them, were not made under para 9.9 (b) of the EXIM Policy. The assessee s case put across to us by Counsel today is that the clearances in question were effected under Para 9.9(b) of the EXIM Policy and not under Para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation since the goods had been sold in DTA in terms of Para 9.10 of the Policy. The Tribunal s order was taken in appeal to the apex court. After examining the provisions of the Notification, their Lordships held that the Tribunal had erred in denying the benefit of Notification 2/95-C.E. to the party by imposing a new condition to the effect that such benefit would be admissible only in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would ipso facto attract the concession under Notification No. 2/95-C.E. ibid. However, we observe, the benefit can be claimed by the assessee by showing that the mandatory conditions attached to the Notification were fulfilled by them. 4. We set aside the impugned order. Having found that the Notification is applicable to the DTA clearances in question, we remand the matter to the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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