2012 (10) TMI 653
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....rit Petition Nos. 15570 and 15571 of 2011 [2011 (274) E.L.T. 12 (A.P.)]. The Hon'ble High Court has directed us to dispose of the stay applications afresh keeping in view the decision of the Hon'ble Supreme Court in case of Commissioner of Customs v. Sayed Ali [2011 (265) E.L.T. 17 (S.C.)]. 2. M/s. Gimpex Ltd. and M/s. Sree Enterprises are the main appellants/applicants. The adjudicating authority denied the benefit of Notification No. 32/2005-Cus., dated 8-4-2005 to these parties in respect of "continuous cast copper rods" imported by them during September 2006 to April 2007 and demanded from them duty of Rs. 3,95,68,820/- and Rs. 1,50,47,618/- respectively. It also imposed penalties on these parties under Section 114A of the Customs....
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....t the imported items should not be transferred or sold except in a case where the goods were imported by merchant-exporter having a supporting manufacturer named in the aforesaid certificate/licence. Another condition stipulated in the notification was that the capital goods, office equipment etc. imported under the scheme should be installed and such installation to be certified by the proper officer of Central Excise. In an explanation to the notification, the term "goods" was defined to mean any inputs, capital goods, including spares, office equipment, etc. freely importable under the Foreign Trade Policy. One of the assessees mainly exported iron ore and the other assessee mainly exported stainless steel products under the above scheme....
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.... the Standard Input-Output Norms (SION). The Hon'ble High Court also examined paragraph 3.2.5 of the Handbook of Procedures and construed the same in the light of the general provisions contained in the Foreign Trade Policy. Accordingly, it was held that, if the imported item was shown to have a nexus with the export product group chosen by the importer, the benefit of the notification should be allowed. The learned Counsel has claimed the benefit of this decision of the Hon'ble High Court and has also particularly pointed out that the Board's Circular relied on by the adjudicating authority stands quashed. It is, therefore, prayed that waiver and stay be granted in view of the Hon'ble High Court's judgment. The learned Counsel has also poi....
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....s no finding that the actual user condition attached to the exemption notification was not fulfilled by the assessees. 7. We have given careful consideration to the submissions. We are mindful of the fact that the Hon'ble High Court in its remand order directed us to dispose of the stay applications afresh keeping in view the Hon'ble Supreme Court's judgment in Sayed Ali's case (supra). The said judgment is on a jurisdictional question. Apparently, legislation is underway to give retrospective effect to the non-tariff notification referred to by the Revenue. This apart, the merits of the case have been debated at length before us and a relevant judgment of the Bombay High Court has been brought on record by the learned Counsel for the....