2012 (9) TMI 780

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..... ard both sides. 2. Applicant filed this application for waiver of pre-deposit of duty of Rs.1,62,38,249/-, interest and penalty. 3. The brief facts of the case are that the applicants are importing the chemical products i.e Cyclic Hydrocarbon-Marker in bulk quantity. The same is repacked for resale and repacking of the imported goods amounts to manufacture as per the chapter note 10 of the chapt .....

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..... e penalty. 4. The contention of the appellant is that the marker is cleared to Petroleum companies; which is mixed with kerosene. The purpose of the market is that if the kerosene is mixed with other petroleum product such as petrol and diesel, the same can be identified by using the test kit and IAS column by the IAS column by the Petroleum companies. The purpose of the test kit is to test the a .....

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..... r is used for mixing in the kerosene by the Petroleum companies and the 'test kit' and 'IAS column' are used for checking the adulteration in other petroleum product such as petrol and diesel. The Revenue relied upon the decision of Hon'ble Supreme Court in the case of Frick India Ltd. (supra) and Siddhartha Tubes Ltd. (supra) where the bought out item is cleared as parts of the manufactured goods .....

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