9911796707
TMI Blog2013 (11) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... fines the term "goods" to mean that raw materials etc. as are directly related to the export order and supplied free of cost by the foreign buyer. In the present case, it appears that they have remitted the foreign exchange to the foreign buyer. The submission of ld. advocate that said amount could be treated as deposit. We find that Commissioner has given detailed finding on this issue. Hence the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r' under Notification No.32/97-Cus. dt.1.4.1997. He submits that after processing of human hair on job work basis, they exported the same with 20% to 25% wastage. He further submits that duty was demanded for violation of the Notification No.32/97. He submits that notification provides that goods must be supplied free of cost by the foreign buyer. They made remittance of the foreign exchange to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted to the Deputy Commissioner of Central Excise. He further submits that it is a clear case of contravention of the notification and they had not informed these payments to the proper authority. It is also submitted that it is a clear case of misuse of exemption in so far as they have remitted the foreign exchange to the foreign buyer. He submits that they have executed a bond and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red by limitation would be looked into at the time of appeal hearing. It is also noted that applicant executed a bond. In view of that, applicant failed to make out a prima facie case for waiver of deposit of entire amount of duty and penalty. Accordingly, the applicant is directed to deposit Rs.75,00,000/- (Rupees Seventy five lakhs only) within 8 weeks and report compliance on 9.5.13 . Subject t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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