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2015 (6) TMI 951

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..... this stage. No doubt foreign exchange did not come for no export made when imported raw materials were processed and the finished goods manufactured were sold in DTA. The duty forgone at the time of import became loss to Revenue. Added to this, appellant has discharged duty liability at normal rate of excise duty which is not equal to customs duty forgone. Therefore, prima facie, the demand raised .....

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..... s a fact on record that the goods cleared to DTA have suffered excise duty. But difference between the customs duty foregone and the excise duty paid has given rise to the demand of ₹ 2.90 crores in the present appeal. In view of the above, it is the submission of the appellant that ₹ 43 lakhs having been paid in due course, there may not be direction for recovery of any amount at this .....

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..... nd demand recoverable, appellant is directed to provide bank guarantee to the tune of ₹ 1 crore (Rupees One crore only) to Revenue by 20.3.2015 and make cash deposit of ₹ 60,00,000/- (Rupees Sixty lakhs only) by 25.3.3015 and compliance to be made on 6.4.2015. Failure to fulfil such cumulative condition shall render this order vacated and Revenue is at liberty to realize its entire due .....

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