9911796707
TMI Blog2011 (9) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... ond from any of the specified refineries and received under bond in a warehouse can be cleared on payment of duty at the concessional rate specified in the notification. There is nothing in the notification to deny the exemption if such goods are received under bond in one or more warehouses before they are received in the warehouse from which they are cleared on payment of duty. In the circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Budge terminal of I.O.C.L.. Thereafter from Budge Budge terminal L.D.O. was cleared on payment of duty availing the benefit of exemption under Notification No.29/02 as amended by Notification No.34/02-CE dated 21.06.2002. 2. Proceedings were initiated for recovery of the differential duty taking a view that exemption is not available on the ground that Budge Budge terminal of I.O.C.L. did no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t received the goods directly from refinery. We find that the decision of the Tribunal relied upon by the learned Counsel is squarely applicable to the facts of the present case and for ready reference we reproduce paragraphs 3 4 of the decision of the Tribunal cited above. 3. We have carefully considered the facts of the case and the submissions made by both sides. The Notification No.29/2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e part of this notification." [Notification No.34/2002-C.E., dated 21-6-2002] 4. We find that the notification as amended is to the effect that petroleum products cleared under bond from any of the specified refineries and received under bond in a warehouse can be cleared on payment of duty at the concessional rate specified in the notification. The obvious intention is to allow exemption to p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
