2004 (1) TMI 115

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e case are that the respondents are a 100% Export Oriented unit. On 24-1-1998, the Officers of Central Excise department visited the factory of the respondents and during the verification, it was found certain finished goods were found in excess to the statutory records. A show cause notice was issued to the respondents on the ground that the goods found in excess of the balance shown in the RG-1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s, the respondents failed to account two moulds which were later on found by the respondents, therefore, at time of verification of the records, the appellants were not maintaining the records properly. 6.The contention of the respondents is that as a 100% EOU, they are not required to maintain RG-1 register. The respondents relied upon the decision of the Tribunal in the case of Kuntal Granites .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ble to 100% EOU and this rule specifically provides that the provisions of Rule 47 and Rule 53 shall not apply to the excisable goods produced or manufactured in a 100% EOU. The Tribunal in the case CCE, New Delhi v. Jindal Exports after relying upon the Board Circular No. 212/46/96-CX., dated 20-5-1996 held that a 100% EOU is not required to maintain RG-1 register. 10.In the present case as the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X