TaxTMI 
TaxTMI 
2015 (11) TMI 137
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....ter, the appellant is entitled to import raw material as well as capital goods and other goods specified in the EXIM policy and Custom Notification No. 53/97-Cus dated 03.06.1997 without payment of duty. It is also an admitted case that as a 100% EOU, the appellant is also entitled to procure raw materials, capital goods and all other goods specified in the EXIM policy under the Excise Notification No. 1/95-CE dated 04.01.1995 without payment of excise duty under CT3 certificate. It had imported certain materials, viz., Epoxy Resin, Pyrolitic Reflective Toughened glass, Silicon Adhesive and sealant, cold rolled M.S. Dec Profile Sheets, etc., after taking permission from the Development Commissioner, vide orders dated 13.09.2000. The case o....
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....y raised the issue that the notice was time barred and it was not permissible for the Revenue to seek shelter under the proviso to Section 28 inasmuch as there was no misdeclaration or misstatement on the part of the assessee-appellant in the declaration that was filed by it while clearing the aforesaid goods. The aforesaid plea of the appellant contending that the Show Cause Notice was time barred is rejected by the CESTAT in the following words: - "18. It is also seen that the appellants have executed bond to comply with all the conditions of the two Notifications and for proper use of the said goods. As per the terms and conditions of the bond, the appellants are bound to pay the duty occurring on account of any flout, if noticed subs....
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....ment of India in the Ministry of Industry, Department of Industrial Policy and Promotion or the Development Commissioner concerned, as the case may be, for this purpose (hereinafter referred to as the said Board), from the whole of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the said Customs Tariff Act subject to the following conditions......" A reading of the aforesaid notification clearly manifests that it is not necessary that the material which is imported into India has to be used in the manufacture of articles which are to be exported out of India. Even if the said material is used "for the purpose of manu....