TaxTMI 
TaxTMI 
TaxTMI 
2010 (12) TMI 408
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.... 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. 196/1994-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....
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....bsp; In terms of Rules 196 of the erstwhile Central Excise Rules, 1944 read with Notification No. 19/95-C.E., 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-C.E. dated 23-2-1995 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....
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....uired, the Adjudicating Authority can cause examination. It is his submission that the Adjudicating Authority did not cause the examination of the goods and confirmed the demand. It is also his submission 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 Hon'ble High Court of Andhra Pradesh in company's Writ Petition No. 74/2006. He would rely upon the affidavit filed by the responsible person of the company before the Hon'ble High Court. As regards t....
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....ant period, there was no excise duty on the shrimps which were cleared in the local market, hence, there cannot be any duty liability. The judgment clearly covers the issue in favour of the assessee and respectfully following the same, we 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 par....