2006 (7) TMI 374

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.... for the Appellant. Shri Pramod Kumar, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  Vide his impugned order Commissioner has confirmed the demand of duty of Rs. 52,55,31,509.00 (Rupees fifty two crores fifty five lakhs thirty one thousand five hundred nine only) against M/s. I.G. Petrochemicals Ltd. along with imposition of penalty of identical amount. In add....

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....heir finished goods i.e. Phthalic Anhydride, the benefit would not be available in terms of Serial No. 3 of the Notification. 3. On the other hand, the appellant contended before the adjudicating authority that is Vanadium Pentoxide is a catalyst and as such, cannot be considered as raw material required for the manufacture of Phthalic Anhydride. As such, it cannot be said that by using im....

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....2-2005. 6. We have considered the said decision of the Larger Bench and find that though the notification in that judgement was 8/97 but the same is more or less identically worded to notification No. 23/2003. That notification also provided concessional rate of duty to the goods manufactured in 100% EOU and cleared in DTA, if manufactured "wholly from the raw material produced or manufact....

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....actured out of raw materials produced or manufactured in India. 7. By applying the ratio of the above Larger Bench decision, we find that in the instant case the imported catalyst has been used in the manufacture of Pthalic Acid which is the first time final product. The Larger Bench has not extended the benefit of identically worded notification to the second stage emergence of final prod....