9911796707
TMI Blog2011 (5) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... f the dyeing unit - As such, clearance of died yarn by availing the benefit of concessional rate of duty in terms of Notification No.5/98-CE and exemption Notification No.3/01-CE were not available to the appellant - Proceedings were initiated against by way of issuance of Show Cause Notice dt.30.6.03 for raising the demand for the period June 1998 to February 2003 - The said Show Cause Notice ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thirty Four Thousands, Six Hundreds and Sixteen only) stand confirmed along with imposition of penalty of identical amount under the provisions of Section 11AC of the Act. In addition, penalty of Rs.5 Crores (Rupees Five Crores only) has been imposed upon Shri Mahesh Godiwala. 2. After hearing both sides, we find that the appellant is engaged in manufacture of twisted polyester yarn. During th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed yarn when transferred from texturising unit of the dyeing unit. As such, clearance of died yarn by availing the benefit of concessional rate of duty in terms of Notification No.5/98-CE and exemption Notification No.3/01-CE were not available to the appellant, inasmuch as they have not fulfilled the condition of said notifications viz. that the finished products i.e. twisted filament yarn or dye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of issuance of Show Cause Notice dt.30.6.03 for raising the demand for the period June 1998 to February 2003. The said Show Cause Notice has culminated into an impugned order passed by the Commissioner. 5. Ld.Advocate appearing for the appellants submits that in an identical appeal of M/s Kiran Industries Ltd., the Tribunal vide its Order No.A/1146-1147/WZB/AHD/2010, dt.16.8.10, had remanded t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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