2015 (6) TMI 951

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....T),JJ. For the Appellant : Mr S Durairaj, Adv. For the Respondent : Mr K P Muralidharan, AC (AR) ORDER Per: D N Panda: 1. Ld. counsel says that an application for sanction of Rs. 7.28 crores toward DTA Entitlement is pending before the Development Commissioner. If that is considered, there may not be recovery of the demand at present. Throwing light on the facts of the case, it is s....

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....Revenue at this stage. No doubt foreign exchange did not come for no export made when imported raw materials were processed and the finished goods manufactured were sold in DTA. The duty forgone at the time of import became loss to Revenue. Added to this, appellant has discharged duty liability at normal rate of excise duty which is not equal to customs duty forgone. Therefore, prima facie, the de....