2009 (1) TMI 150

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..... GSI), Notification ibid specifically provides exemption when used within the factory - In the absence of inclusion of NCCD u/not. 67/95 and in view of the similarity between Section 136 of Finance Act, 2001 and Section 3(3) of Additional Duties of Excise (GSI) Act, 1957, decision of Commissioner (Appeals) has to be upheld - E/2897-2898/2005 - A/49-50/2009-WZB/AHD - Dated:- 7-1-2009 - Ms. Archan .....

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..... that no NCCD is leviable on the goods which are exported under bond. He also drew our attention to Section 136 of the Finance Act to support his contention that NCCD is nothing but excise duty and submitted that clause (3) of Section 136 provides the provisions of the Central Excise Act, 1944 and the Rules made thereunder including those relating to refunds and exemptions from duties and impositio .....

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..... fication No. 67/95 and in view of the similarity between Section 136 and Section 3(3) of both the enactments, we find that the decision of Commissioner (Appeals) has to be upheld. Commissioner (Appeals) has taken a liberal view as regards penalty and reduced the same from Rs. 80,000/- to Rs. 40,000/- in respect of appellant-company and from Rs. 25,000/- to Rs. 10,000/- in respect of the Director. .....

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