2004 (1) TMI 583

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....te, for the Appellant. Shri S.V. Parelkar, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The applications for waiver of pre-deposit of duty and penalty arise out of the order of the Commissioner of Central Excise, Vapi, who has confirmed duty demand of Rs. 44,89,471/- and imposed a penalty of equal amount on M/s. Sarla Polyester Ltd. and imposed a penalty of Rs.....

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....th sides. The issue as to the correct method of computation of duty in terms of Notification No. 2/95 namely as to whether duty was payable on the basis of amount equal to 50% each of the duties of customs as contended by the applicants or on the basis of 50% of the aggregate duties of customs has held by the Commissioner, is an issue which has been referred to the Larger Bench by Order No. C-II/3....

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....ication under Chapter Heading 5402, the benefit of exemption in terms of Notification No. 3/2001 which is available to Air mingled Yarn is admissible, in view of the finding that they were using Inter-mingling Machinery and that the Polyester/Nylon yarn was attached to Lycra/Spandex Yarn due to pressurized air by the technique of inter-mingling, and that they had paid the appropriate duty of excis....