2007 (2) TMI 647

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....e 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 Notification No. 108/95-C.E. The above supplies were made during the period March, 2002 to Ju....

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....th 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 Commissioner is not legal. In the case of M/s. Deepak Cables (India) Ltd. v. C.C.E., Bangalore vide Final Order Nos. 1613, 1614/2005 dated 9-9-2004 [2006 (206) E.L.T. 246 (T)], the Tribunal held that benefit of exemption under Notification No. 108/95-C.E. was availabl....