2005 (9) TMI 358

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....i, Sr. Advocate, with P.A.S. Rao, P.K. Ram and R. Sudhinder, Advocates, for the Appellant. Shri Deepak Garg, SDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. -  These three appeals are filed by the applicants for waiver of pre-deposit of duty and penalties imposed under the common adjudication order. Applicant M/s. Natpha Jhakri Joint Venture filed application for wa....

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....cation No. 108/95-C.E., dated, 25-8-1995 whereby the goods supplied to World Bank Funded Project which exempt from payment of duty and production of certificate from the competent authority. The contention is that necessary certificate were produced before the adjudicating authority but the certificate was not accepted on the ground that the certificates were produced after the clearance of the go....

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....e certificate was produced after the decision of the Tribunal, therefore, the benefit of this notification was wrongly denied. 3.The contention of the Revenue is that as the applicant has not produced certificate before the Assistant Collector at the time of clearance of goods, therefore, they are not entitled for the benefit. 4.In this case, the claim of the applicant regarding the benefit ....

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....cisable as per the order passed by the Tribunal dated 21-2-2002. The concrete mixed is used in the execution of the project which is financed by the World Bank and approved by the Government of India. The Tribunal in the case of CCE v. Dynaspede Integrated Systems Ltd., (supra) held that the benefit of notification cannot be denied only on the sole ground of belated submission of such certificate.....