9911796707
TMI Blog2009 (9) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... tral excise duty of Rs. 7,97,600/-. The total duty free goods both imported and indigenous was Rs. 75,77,074/- and duty involved was Rs. 20,40,637/-. The appellant exported services to their client M/s. Infotech Network Ltd., Canada and raised bill amounting to USD 10,88,454 which the client did not honour and the appellants unit went sick. The operations no more being viable, they opted to come out of the STPI scheme and paid the customs and central excise duties on the duty free goods, both imported and indigeneous to the tune of Rs. 20,40,637/-. The department having taken note of the said situation demanded a sum of Rs. 12,76,470/- being the interest chargeable on the said duty amount on the ground that export obligation has not been fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification No. 132/04-Cus., dated 25-11-2004. 4. Learned SDR reiterated the findings of the learned Commissioner (Appeals). 5. We have considered the submissions made at length by both sides and perused the records. The issue involved in this case is whether the appellant, an export oriented unit, is liable to pay the interest for the period during which the capital goods (procured without payment of duty) were warehoused in export oriented unit. It is seen from the records that the appellants had warehoused the goods in 2003 and the validity of the said bond is up to 2008. It is undisputed that the appellants were granted permission for debonding in 2007. Capital goods were removed from the factory premises in January, 2008. The clauses o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the Electronic Hardware Technology Park Scheme notified by the Government of India in the Ministry of Commerce, vide, notification No. 5 (RE-95)/92-97, dated the 30 April, 1995 and approved by the Inter Ministerial Standing Committee; (ii) "export oriented undertaking" has the same meaning as assigned to "hundred per cent export oriented undertaking" in clause (ii) to the Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944); and (iii) "Software Technology Park (STP) unit" means a unit established under and in accordance with the Scheme notified by the Government of India in the Ministry of Commerce, vide, notification No. 4(RE-95)/92-97, dated the 30th April, 1995 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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