2008 (9) TMI 666

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....Hariharan, JCDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. -  M/s. Prashray Overseas Pvt. Ltd., Varanasi, imported 24 consignments of silk fabrics of Chapter Pleading 5005 from China during 7/06 to 11/06 and sought exemption from CVD under Notification No. 30/2004-C.E., dated 9-7-2004 (as amended). This Notification grants exemption to specified commodities inter ali....

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....cs manufactured from indigenous silk yarn are exempt from Central Excise duty. Another stream in which silk fabrics get manufactured in India is using imported silk yarn. Neither party disputes that imported silk yarn was exempt from CVD during the material period in terms of Notification No. 20/06-Cus dated 1-3-2003. We find that the levy of CVD on imports is regulated by the following provisions....

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....to counter balance the central excise duty leviable on like articles made indigenously, this being a measure intended to safeguard the interests of the manufacturers in India. As no duty was payable on silk yarn either indigenous or imported, indigenous silk fabrics were not subject to central excise duty during the material period in terms of Notification No. 30/04-C.E. (supra). Therefore importe....