2014 (5) TMI 301

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....nder Section 35G of the Central Excise Act, 1944 (in short, "the Act") against the order dated 13.12.2011 (Annexure A-1) passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (in short, "the Tribunal") and for setting aside the orders dated 9.6.2009 (Annexure A- 3) passed by respondent No.2 and dated 8.3.2010 (Annexure A-5) passed by the Tribunal. 2. A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The assessee was issued Letter of Permission dated 22.3.1994 to establish a 100% Export Oriented Unit (EOU) for manufacturing and export of home furnishings. After completion of various formalities, the assessee imported capital goods valued at Rs. 6,24,94,390/-, r....

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....ed the clearance of capital goods on payment of the amount equal to the customs duty leviable on such goods on depreciated value and the rate in force on the date of payment of such duty. The assessee deposited the liability of Rs. 12,15,599/- vide challan dated 31.1.2003 as custody duty on the depreciated value of the capital goods and informed the department in this regard vide letter dated 28.2.2003. The department issued a show cause notice dated 18.8.2004 for recovery of differential duty and interest and imposition of penalty. The assessee filed reply dated 29.10.2004 to the said show cause notice. The Commissioner vide order dated 29.11.2005 confirmed the duty and ordered recovery of interest and imposing penalties on the company as ....