2005 (1) TMI 481

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....for the Appellant. Shri K.K. Srivastava, JDR, for the Respondent. [Order per : Moheb Ali M., Member (T)]. -  The appellants are engaged in the manufacture of Polyester Grey Fabrics and as an 100% EOU. Pursuant to the permission granted by Development Commissioner the appellants removed the said product on payment of Central Excise duty (8%) against payment in foreign exchange under p....

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.... Excise duty applicable to the said goods that is payable. We are unable to accept this contention. What all clause 7 of Notification No. 53/97 says is that when the goods allowed to be sold in India are not excisable customs duty equal to the Customs duty leviable on such articles as if imported as such, is payable. An example of this type is 100% EOU engaged in the processing of say, shrimps. Wh....

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.... is therefore payable. We also hold that the benefit of Notification 2/95 has to be accorded while calculating the differential duty in case. 5. It is not clear whether the Revenue has given allowance to the fact that the price at which goods are sold in India is a cum-duty price while calculating the differential duty. This needs to be looked into. 6. The appeal is partly allowed ....