2004 (1) TMI 579

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....nt. [Order]. - This miscellaneous application is filed by the applicants for retention of file before this Bench. The DR has no objection. Accordingly the misc. application is allowed. 2. The stay application is filed by the applicants for waiver of pre-deposit of duty amounting to Rs. 13,49,068/- and penalty of Rs. 1,00,000/- and stay of the recovery proceedings. 3. Arguing in supp....

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.... attention to the findings of the Commissioner (Appeals) at Paragraph 6 of the impugned order which is as under :- "6. Looking to the facts and circumstances of the case, I find that it is not deniable that Notification No. 55/91-C.E., dated 25-7-91 existed and grants exemption to the yarn cleared by a 100% EOU. To that extent appellant's contentions are accepted. However, the fact is that t....

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....tional duty of excise leviable has been taken into consideration. Therefore, even while holding that the additional duty of excise (T & TA) is exempt in respect of item in question, the quantum of basic duty of excise leviable on 100% EOUs itself is so much as is equal to the basic + Additional duty of excise (T & TA) leviable on like goods cleared by units other than 100% EOUs. The Hon'ble CEGAT ....