2012 (12) TMI 226

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....erest and penalties etc. proposed in the show cause notice. The main issue which arises for consideration as a result of show cause notice and impugned order is whether deemed export is equivalent to physical export and whether the value realised as a result of deemed exports should be included or not for calculation of entitlement of DTA sale in terms of Exim Policy.   3. The Commissioner has relied upon the decisions in the case of Amitex Silk Mills Pvt. Limited vs. CCE Surat 2007 (83) RLT 392 (CESTAT. Ahmd.), appeal filed against which was rejected by the Hon'ble Supreme Court, the decision of the Hon'ble Supreme Court in the case of Virlon Textile Mills Limited 2007 (211) RLT 353 (SC), the decision of the Tribunal in the case of G....

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....   6. We have considered the submissions made by both sides. In this case, we find that, as observed by us above, the order of the Commissioner is based on several decisions of the Tribunal all of which kept subject to have been upheld by the Hon'ble Supreme Court since appeals filed by the Revenue against these decisions have been rejected. It has to be noted that the notifications considered were also similar and were similarly worded in the decision. As regards the decision relied upon by the Revenue, it is found that the decision in the case of Jumbo Bag Limited is the latest, no doubt but we find the decision of the Hon'ble High Court of Gujarat in the case of Shilpa Copper Wire Industries relied upon by the Commissioner was rend....