2011 (3) TMI 1092

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....med, SDR   Per: Mrs. Archana Wadhwa:   After hearing both the sides duly represented by Shri Hardik Modh, learned advocate appearing for the appellant and Shri I. Ahmed, learned DR appearing for the Revenue, we find that the demand of duty of Rs.4,35,45,189/- along with imposition of penalty of identical amount stands confirmed and imposed upon the appellant, who is a 100% EOU in r....

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.... confirmed.   3. The present proceedings are as a consequence of the passing of the earlier order confirming duty on the final product. We are informed by the learned advocate that the earlier order of the Commissioner confirming duty on the ground that clearances in DTA against foreign exchange cannot be treated as export stands set aside by the Tribunal vide its order No.A/1816-1833/WZB/....