2011 (2) TMI 885

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.....S. Kang, Vice-President]. - Heard both sides. Applicant filed this application for waiver of pre-deposit of duty of Rs. 79,46,941/-, interest and penalties. The applicant is a manufacturer of G.I. Hollow profiles. During the period 2005-06 to 08/2008 and 09/2008 to 10-9-2009, applicant cleared the same under CT-3 certificate issued to 100% EOU under Notification No. 22/2003-C.E., dt. 31-3-2003 ....

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....he specified purpose and therefore, no suppression can be alleged against the applicant. It Is also submitted that as per the procedure laid down under the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001, the duty liability shifts to the recipient of the goods, if the goods are not used for the specified purpose. In these circumstances,....

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....emsp;We find that the applicant is manufacturer of G.I. Hollow profiles. The goods were cleared under CT-3 certificate issued under Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001 by the proper officer under whose jurisdiction the 100% EOU. The goods were duly received by the 100% EOU and duly were re-warehoused as per the certificate o....