2007 (2) TMI 647

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.... The appellants manufacture fabricated galvanized transmission line towers and parts thereof falling under Chapter No.73 and supplied to M/s. Power Grid Corporation of India Ltd. without payment of Central Excise duty in terms of Notification No.108/95-C.E. dated 28-8-1995 on the basis of Certificate No. 5/15/Kalpataru/ EDC/5150615 dated 3-3-2000 and Certificate No.SRTC/ED/003 dated 1-3-2000 duly countersigned by the Additional Secretary, Government of India, Ministry of Power, New Delhi. (b)     They have availed the Notification claiming that project for which the goods have been used is funded by the World Bank, one of the institutions funding the goods supplied to the projects will be eligible for benefit of the N....

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....msp;The remaining amount of Rs. 3,77, 156/- (Rupees Three lakh seventy-seven thousand one hundred fifty-six only) shall be paid by M/s. KPTL. (4) Interest at the prescribed rate under Section 11AB of Central Excise Act, 1944 shall be paid by M/s. KPTL with effect from 11-5-2001. (5) I refrain from imposing any penalty on M/s. KPTL and Shri Mohan Krishna Harsh, Assistant General Manager (Taxation) of M/s. KPTL. " 4. Learned Advocate for the appellants submits that Power Grid Corporation of India Ltd. got sanction of the loan from World Bank and also received payment from the World Bank in May, 2004 and therefore, the conditions of the Notification No. 108/95-C.E. had been fulfilled and confirmation of demand by the Co....