2011 (1) TMI 159

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....supal, JDR for the Respondent Heard both sides.   2. Shri C. Saravanan, learned Advocate appearing for the appellants states that the impugned goods were exported toChinafor exhibition availing the benefit of exemption under Notification No.263/79 dated 23.9.1979 following the prescribed procedure of export under bond. The impugned goods were subsequently imported and cleared on 21.3.20....

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....and that the appeal has been restricted to only demand of interest.   4. The learned Advocate argues that under Sl. No. 3 of Notification No. 94/96-Cus. dated 16.12.1996 the rate of duty is nil for goods other than those falling under Sl. Nos. 1 & 2 and states that the nil rate of duty is applicable in respect of the appellants and consequently no interest is payable. He also states that t....

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....elow, the case of the appellants falls under Sl. No. 1 (d) of Notification No. 94/96. Sl. No. 3 has no application in the case of the appellants which covers only goods other than those falling under Sl. No. 1 & 2. Since the case of the appellants falls under Sl. No. 1(d), the provision of Sl. No. 3 becomes inapplicable. Apart from all, when the goods have been exported without payment of the cent....