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TMI Blog2007 (4) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty sustained - Appeal No. E/25/2007 - Stay Order No. 350/2007 - Dated:- 2-4-2007 - [Order per: P.G. Chacko, Member (J)]. - The impugned order has demanded over Rs. 20 crores towards duty of excise and Education Cess from the appellants and has imposed on them equal amount of penalty. The demand is for the period March, 2003 to February, 2006 and in respect of 'unexposed photographic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, labelling or relabelling in the sense "manufacture" was defined under Section 2(f)(iii) of the Central Excise Act. It is their case that, even if the activity is held to be one of packing/repacking, it would not attract levy of duty of excise inasmuch as such packing/repacking was from small to big. Learned counsel has relied on the Supreme Court's judgment in Commissioner, Mumbai v. Johns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench in Appeal No. E/252... etc./2006. It is also submitted that, if, in the worst scenario, the demand of duty is affirmed, the benefit of Cenvat credit of CVD as also that of duty paid on the packing material should be available to the appellants. It is submitted that, in this sense, there is excess payment of duty on the subject goods by the assessee in this case. 2. Learned SDR, at the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the Exim Policy provisions (as amended) allowed utilization of credit of CVD paid from DEPB credit on imported input, in the payment of duty of excise on final product. 3. After examining the records and hearing both sides, we have noted the relevant provisions of Foreign Trade Policy covering the period 2002-2006. Apparently, during 2002-03, Additional Customs Duty (CVD) paid from DEPB on i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e think we have to grant waiver of predeposit and stay of recovery in respect of the duty and penalty amounts. We take this view after considering the interests of the Revenue. It is ordered accordingly. 1 3. In view of the high stake involved in the case, we are inclined to accept learned SDR's suggestion for early disposal of the appeal. Accordingly, the appeal is posted to 4-6-2007 for hea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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