2012 (2) TMI 575

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..... determined under Section 11AB of the Central Excise Act, 1944 is the question raised in this appeal? 2. The respondent-assessee is engaged in the manufacture of ACSR Moose Conductors of various sizes classified under Chapter Heading No. 7614 under the First Schedule to the Central Excise Tariff Act, 1985. 3. During the period from January, 2001 to February, 2001 the assessee had cleared the .....

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..... d and as such, M/s. Transmission Corporation of Andhra Pradesh Ltd., Hyderabad could not be said to have been financed by a notified International Organization. Consequently benefit of the exemption from whole of excise duty as per Notification under 108/95-C.E. was not available to the respondent-assessee. 4. Accordingly, proceedings were initiated and by an adjudication order duty, penalty an .....

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..... in dispute that even if the assessee is held liable to pay duty, the assessee was liable to claim refund of the said duty as per the then existing import and export policy. In these circumstances, the present case being a case of revenue neutral, no fault can be found with the decision of the CESTAT in deleting duty, penalty and interest imposed upon the assessee. Accordingly, we see no merit in .....

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