2002 (4) TMI 492

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....lass funnels, glass shells etc. For manufacture of the above items they import certain raw material at concessional rate of duty in terms of Notification No. 64/95-Cus. as amended by Notification No. 13/97-Cus., dated 1-3-97 for manufacture of glass shells for TV picture tubes. 3. During the course of scrutiny of records of the manufacturer it was noticed that the appellant had used some quantity of the above raw material in the manufacture of glass shells for computer monitor for which concession was claimed and availed. The assessee paid differential duty, CVD and interest on the inputs contained in glass shells for computer to the extent of 40% of the weight of the imported inputs other than cullet. It was noticed that the appell....

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....s also submitted that cullet purchased from market cannot be used in the manufacture of glass shells for computer monitor. After careful consideration of the submissions made the learned Additional Commissioner confirmed a demand of duty of Rs. 15,81,589/-, imposed a penalty of Rs. 15,31,589/-, ordered recovery of interest and also imposed a penalty of Rs. 10,000/- on Shri O.P. Kanojia. 4. Arguing the case for the appellants Shri B.L. Narasimhan, learned Counsel for the appellant submits that the appellant had already paid duty and interest thereon and therefore, he was not pressing the point in so far as the demand for duty and charging interest is concerned. Learned Counsel submits that the fact remains that cullets generated in t....