9911796707
TMI Blog2003 (12) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... r (Appeals) setting aside the order-in-original. The applicant Commissioner has preferred the following grounds of appeal : - "The order passed by the Commissioner (Appeals) under Section 35A is not legal and proper for the following reasons: The manufacturer intending to clear the goods to 100% EOU against the CT-3 certificate is required to file classification list/classification declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing under C.S.H. Nos. 9401, 9403.00. These goods under any stretch of imagination can be called as office equipments and therefore are not covered in the said notification. The item at Sr. No. 4 of the Annexure I to the notification No. 1/95-CE, dated 4-1-95 covers only office equipments, spares and consumable thereof which are distinctly different than the items cleared against the CT-3. Further, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edure is only to ensure that exempted goods are put to the stipulated use. It cannot be used to prevent due assessment of goods by the jurisdictional authorities." 2. The grounds of appeal has been reiterated by the learned J.D.R. at the time of hearing. The learned Advocate appearing for the respondents, however, defends the impugned order and cites the following decisions in support :- (I) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under the bond as per requirement under the said notification can not extinguish the obligation of the manufacturer to pay the correct amount of duty when the notification itself is not applicable. 4. If there was a finding that the recipients of the goods have met the duty liability in terms of the bond, there will be no justification to demand the duty from the manufacturer a second time. Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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