2012 (11) TMI 34

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..... EW DELHI ] that the clearance under Chapter X or under bond is not the same thing as clearance of goods wholly exempt or goods chargeable to nil rate of duty. Therefore, the provisions of the Rule 57 C are not applicable - in favour of assessee. - E/467 of 2011 - - - Dated:- 23-10-2012 - Mr. B.S.V. Murthy, J. Appellant by : Shri S.R. Dixit, Advocate Respondent by : Shri P.N. Sarvaiya .....

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..... d that there are several decisions of the Tribunal wherein a view has been taken that clearances under Chapter X procedure cannot be considered as clearances of exempted goods/ without payment of duty and therefore, separate accounts need not be maintained. He produces decision of the Tribunal in the case of S.R.F Limited 2008 (223) ELT 508 (Tri. Del.) which has been upheld by the Hon'ble Supreme .....

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..... ited by the learned counsel is directly on the same issue in Para 4 and 5, the Tribunal had taken note of several decisions of the Tribunal and came to a conclusion that clearances under Chapter X procedure is not the same thing as clearance of goods wholly exempt or goods chargeable to nil rate of duty. For ready reference Para 4 and 5 of the decision are reproduced below:- 4.?We find that this .....

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