2013 (10) TMI 679

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....inarayan & Rachit Jain, Advocates For the Respondent: Shri Devinder Singh, Jt. CDR ORDER Per Archana Wadhwa (for the Bench): The prayer in the stay petition is to dispense with the condition of pre-deposit of duty of Rs.78,53,643/- and penalty of identical amount imposed upon the applicant appellant who are engaged in the manufacture of LCD Televisions. 2. For the above purpose, the....

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....LCD panels and undertaking was also given by the applicant. 4. It so happened that some LCD panels imported by the appellant could not be put to use and the same are exported to the supplier. The dispute arises in respect of the said re-exported panels. Revenue, by entertaining a view that inasmuch as the applicant has not used the imported goods in the manufacture of their final product, the c....

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....ended use'. We have seen the said decision of the Hon'ble Supreme Court wherein it stands held by the Hon'ble Supreme Court that the expression 'for use appearing in notification No. 13/97-Cus, is required to be read as 'intended for use'. Inasmuch as in the present case the appellants have imported LCD panels with an intention to use the same in the manufacture of their final product and inasmuch....

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....t policy was changed subsequently and Rule 7A was introduced in the said Rules allowing re-export of the unutilized imported goods. 8. In any case and in any view of the matter we also note that the appellant at the time of import of the goods claimed the classification under heading 9013 which attract nil rate of duty. The said classification was not allowed to be adopted and the same was chan....