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TMI Blog2009 (11) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... DR, for the Respondent. ORDER Heard both sides. Shri K.S. Venkatagiri, Ld. Advocate, appearing for the appellants states that the appellants, a Public Sector Undertaking (PSU), had imported the impugned goods for manufacture of Dumpers to be exported to Jordan under the Advance Licence Scheme, availing customs duty exemption under the Notification No. 204/92-Cus. dated 19-5-1992. However, on acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -1992, under which the goods were initially imported. He submits that the benefit of Notification No. 72/93-Cus. dated 28-2-93, may be allowed to the appellants and in view of the Exim Policy provisions on interest vide Public Notice No. 09 dated 22-5-03, only 15% interest should be charged. 2. Shri T.H. Rao, Ld. SDR, appearing for the department states that the appellants brought it to the notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants are a PSU and for genuine reasons they could not fulfill the export obligations under circumstances beyond their control. There is no allegation that they have not accounted for the imported raw materials or that they have not used the same in the manufacture of dumpers, which have been sold domestically. The appellants are definitely not entitled to the benefit of Notification No. 204/92 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in this case, we are of the view that the appellants can be extended the benefit of the exemption under Notification No. 72/93, as claimed by them. As regards the interest, the appellants are required to pay the same from the date of clearance till the date of payment of duty in terms of the bond executed by them. However, taking note of the fact that the interest rates have been subsequently r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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