TaxTMI 
TaxTMI 
2010 (12) TMI 134
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....oth sides and perused the records. 4.The relevant facts that arise for consideration are, during the period 1994-1997 the appellant company imported capital goods for production of shrimp/frozen shrimp in their ponds and to export products out of India as a 100% EOU. The appellants availed benefit under Notification No.196/194 Cus. dated 8.12.1994. On a specific information that the appellant was engaged in the contravention of the Notification, officers visited the premises and found that the appellant had cleared shrimps to DTA, there was a shortage of capital goods i.e., 385 Nos. of Paddle Wheel Aerators, 4 Nos. of Diesel Generators in the EOU. After the investigation was concluded, show cause notices were issued. The Adjudicating Aut....
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....s, 1944 read with Notification No.19/95-CE dated 23.2.1995 and the conditions of the Bond executed by SAFEL, I confirm the duty demand of Rs.2,69,250/- along with interest @ 20% per annum from the date of procurement to the date of payment of duty, on 4 Diesel Generating Sets cleared by them into DTA without permission and intimation; (c) In terms of Condition No.6 of the Notification No.196/94-Cus dated 8.12.1994 and 10/95 CE dated 23.02.1995 read with Section 3 of Central Excise Act, 1944 and in terms of conditions of the legal undertaking, letter of permission, B. 16 Bond and General Bond executed by M/s. SAFEL, I demand an amount of Rs.5,33,974/- along with applicable interest. (interest to be reckoned from 30th September of the year....
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....bmission that the Adjudicating Authority did give them the benefit of depreciation as per the direction of the bench but the depreciation given was only up to the time of de-bonding of the goods but not till the payment of duty. He would submit that there was no shortage as the appellant had sold the entire quantity of aerators as per the direction of Honrable High Court of Andhra Pradesh in companys writ petition No.74/2006. He would rely upon the affidavit filed by the responsible person of the company before the Honrable High Court. As regards the 4 Nos. of Diesel Generator Sets, he would submit that they are not disputing the liability to discharge of duty but are only seeking re-quantification of duty, as depreciation needs to be rewor....
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....e set aside the demands confirmed by the Adjudicating Authority on this point. (ii) As regards duty liability of the appellant on the 385 Nos. of Paddle Aerators and 4 Nos. of Diesel Generator Sets, the duty liability on the Diesel Generator Set is not be disputed by the assessee, as they were admittedly found outside the EOU premises. The only question remains to be addressed is regarding the allowance of depreciation to the appellant. As per our Final Order in the appellant's own case (as reproduced in paragraph 4 of this order), the depreciation has to be worked out till the point of payment of duty. This order needs to be followed in by the Adjudicating Authority and hence, in order to re-quantify the amounts as per our direction in the....