2005 (1) TMI 524

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt. Shri R.K. Pardeshi, DR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - The appellants had started a textile processing unit with effect from 12-9-2001 at the premises at 635/1, Gauripada, Rangari Compound, Bhiwandi in the jurisdiction of Range-V, Kalyan-I Division, Mumbai III Commissionerate, by acquiring the said premises on lease from M/s. Gaurav Synthetics. They made ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the appellant that the Compounded Levy Scheme could not be availed by them and they are required to pay duly as per ad veloram levy scheme till 31-3-2001. The appellants met the Commissioner on 19-1-2001 and made a representation to the Chief Commissioner to consider the application to avail the Compounded Levy Scheme favourably. The Joint Commissioner vide letter dated 26-9-2001 received by the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r Rule 25 of the Central Excise (No. 2) Rules, 2001 which was replied. A hearing was granted. It was pointed out specifically during this hearing that the appellants were entitled for duty credit under deeming provisions of law to the extent of 50% of the total duty payable and since they had already paid duty of Rs. 36,37,677/-, they were entitled to an equivalent deemed credit. 2 After h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s were not entitled to benefit of discharge of duty under Compounded Levy Scheme, he was required to arrive at a finding as regards 50% deemed credit eligible under Notification Nos. 28/2000-C.E., dated 31-3-2000, 7/2001, dated 1-3-2001 and 28/2001, dated 11-6-2001. Since the duty is charged and the values are not disputed and since out of total demand of Rs. 72,65,354/-, appellants have paid Rs. ....